HomeMy WebLinkAboutContract 37824COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary 31,
COUNTY OF TARRANT § Contract No. O
A4,
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, ahome-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:
ect Name: Texas Street Paving from Penn Street to end in church parking lot.
Project Location: 1600 Texas Street, Fort Worth, Texas
Additional Streets:
Plat Case No. D206258020 Plat Name: Final Plat of Lot lR Block 39-R Jennings West Addn.
Mapsco: 76C
CFA:
DOE:
Council District:
City Project No: � f
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and the
.rf'rt'IVf�I!!. ��CoRD
Developer do hereby agree as follows: CITY SECRETARY
i
FT. WORTH, TX
General Requirements
A. The Policy for the Installation of Communty Facilities ( Policy") dated
March 2f?01, approved by the City Council of the City of Fort Wouh 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 �vrth paragraph
6, Section II, of the. Policy and recognizes chat 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 dais 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)7tt�
SewerPaving (B) . Storm Drain Street Lights &Signs
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II) paragraph 7 of tlae Policy and the
contracts for the eonsixuction of the public infrasfircture shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure included in this Agreement for which the Developer
awards canstniction eontract(s), Developer agrees to the following:
i. To employ a construction corairactox who is approved by the director of
the department having jurisdiction over the infrastructure to be
Coini�ined CFA Sinai Sepe 12, 2008 2
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
bed
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 perforn 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.
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 aPre-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
3
matins constructed under this Agreement until said sewer and water
mains and sezv 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 constnzct 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 ar may be in conflict
with any of the community facilities to be installed hereunder.
?. Developer hereby releases and agrees to indemnify, defend and hold tYze
City harmless for any inadequacies in the preliminary plans, specifications
and cost estimates supplied by the Developer for this Agreement.
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 farther 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
dainages 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
DEVELOPER, his contractors, sub -contractors, officers, agents or
employees, whether or not such injuries, death or damages are
caused, in whale or in hart. by the alleged ne liorence of the City of
Fort Worth. its officers, servants, or emplovees.
NI. Developer will further require its contractors to indemnify, defend and
hoIA harmless the Ciiy, its officers, agents acid employees from and against
any and all claims, suits or causes of action of any nature whatsoever,
Coirbined CFA �znaI Sept I2, 2008 4
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 danzages are caused in
whale or irz mart, by the alleged rze lij
Zence of the ON 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 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.
�. 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.
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.
5
iv. Developer shall pay in cash the total cast of street signs.
P. COIi'LETIQN 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 Rinds
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,
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 I2, 2008 6
Cost Summary Sheet
Project Name: Texas Street Paving fiom Penn Street to end in church parking lot.
An Engineer's Esfimafe 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.
Double click inside spreadsheet for direct inpu# and automatic calculations.
Items Developer's Cost
A. Water and Sewer Construction
1. Water
2. Sewer
Water Construction Cost Sub -Total $
B. TPW Construction
1. Street
$
30,000.00
2. Storm Drain
TPW Construction Cost Sub -Total
$
302000,00
Total Construction Cost (excluding the fees):
$
30,000,00
Construction Fees:
C. Water Inspection Fee (2%)
$
D. Water Material Testing Fee (2%)
$
Sub -Total for Water Construction Fees
$
E. TPW Inspection Fee (4%)
$
11200,00
F. TPW Material Testing (2%)
$
600,00
G. Street Light Installation / Inspsection Cost
$
H. Street Signs Installation Cost
$
Sub -Total for TPW Construction Fees
$
13800,00
Total Construction Fees: $ 1,800.00
Choice
Financial Guarantee Options. choose one Amount fck oriel
Bond30,000.00
Completion Agreement = 100% /Holds Plat
$ 30,000.00
Cash = 125%
$ 372500.00
Letter of Credit = 125% w/2yr expiration period
$ 37,500,00
7
Combined CFA final Sept 12, 2005
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 C day
of C6Qc , 200%.
CITY OF FORT WORTH - Reconw»wended byr
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
to Form
Amy J.
ATTEST:
City Secretary
ATTEST
Attorney
Signature
(Printq) Name:
liNAo �AK7b04/
Transportation &Public Works Department
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
AME>
f� Signature
Print Name: QOv VC.AS M • l.J � LSe�,J
Title : C HINRMMW Of' MaARO
THE Cur^4E4l.AN0 EZ6:S?1 =0 to
e�boa TR%wjavy TEfRRP►C.0
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 Bage Intentionally Left Blank)
L`]
Combined CFA final Sept 12, 2008
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PART B = PROPOSAL
DEVELOPER AWARDED CONTRACTS
This proposal must not beTemoved from this book of Contract Documents.
.. Tt:}. The Cumberland Rest, Inc. dba Trinity Tcrn►cc
PROPOSAL PQR% PROJECT NAlYM TEXAS ST. PAVING PFI�iN ST. -70 ETI17
WATER PROJECT NG, NIA
E SENVtR PROJECT No. NIA
ME Nt3.�) nU41
CITY PRD.I'ECT NQ. 41177
.._ DOE NO, 095 .
Includes the furnishing of all materials, except. materials specified to be furnished by the
City, equipment and labor for the installation of (description of proiect) and all necessary
appurtenances and incidental work to provide a complete and serviceable project
designated as:
TEAS ST PAViNC1— P�,j�i ST TCi EI�11� 1N' CTfiiIRCki PAItT{Il�iC l;,U'1'
L.+ r f..----
Pursuant. ton the foregoing �7oticc to Bidders', the undersig��ed Bidder, hnva�g thoroughly
.w, examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the General Contract Documents and G encW 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, fimish all labor,
equipment and material except as specified to be famished by the City, wllcit 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
Engineering of the City of Fort Worth, Texas; and binds himself upon acecptance'o this
Proposal to execute a contract and finish an approved Performance Bond, Payment
Bond, lviainteriance 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
actor
proposes to do the work within the time stated and for the following sums:
F
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l.fpdatod �5l961�045
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UNiT I:1?AVII�iCI TMI�ROV�MI;NTS
,_.
APPRQX, i}L�CRiI''�'It"�N Or 1'F1'3IvtS �`�'!Tl"I UNIT TflTA,L
. N�, QUArriTTY �� >��I�Es �v.x-TEN nv ���� ���� oUN�T
(burnish and install, including till ttppurtcnant work, c6uiplete ire place, tite following
,, itcrns� .
'; 1,,a
Item Approx. Unit Item. bescdption Unit trice TotAl ,mount
�' Nv. Qutuitity Ivlet�ure "I3" item description
��� In$fl�
1 37t7 ��' 1lase Ixepr�irs: �quere aut $ $
failed asphalt and
���° excavate to depth of G".
Compact btisc as ucedcd
an�i insttYil �"_ of crushed
� . � � stone cvn�pacted to
��` �, � optimum d�,nsity.
�,
2 I2l987 Sl{ Asphalt Overlay: Clean
loose debris tiad sweep.
Apply tack coat of S�»1
to surface for banding
i� , and overlay r�vith Type
`Y?' hTot Mix Asphalt
C(7ecllitiCtc(i to tin avcra�e
�.,m
thickness OF�'i. Iiu#tal
` rolling to be performed
�"' 1vltll A vibratory Toiler,
i'olirrsved by A rubber tired
' roller fox a smooth finish.
�"'� � All etl�cs to be feathered .
-., � to existing ptivemcnt.
• • i t
f
$ �0,600.�0
13�2
UpdntQd 05f16120a5
TQTAI. IC7CT1�'I` BTI3 '�VATL�R
i'flT�I, AIviC?ZINT BiD S��VER
TQTAi, A�vfOUNT BID STt�IZM DTt,�IN
TOT�I, A1V10UNT BID P�iiVYI�G
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GItAI�I3 T4TAI. iOt,iNT B� � 3 �, ��c� .
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Updated d51�$12t}0�
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F a
PART B - PROPOSAL (Cont.)
After acceptance of this Proposal, the undersigned will execute the Formal contract and
will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the Faithful performance of the Contract. The attached bid security, if
required is to become the property of the Developer.
The undcrsigrL,% i bidder certified that he has obtained 'tit least one set of the General
,# Contract Documents and General Specifications for Water Department projects dated
January 1, 1978, and that he leas read and thoroughly understands all the requirements and
conditions of those Qeneral Documents and the specific Contract Documents and
L appurtenant plans.
Tlee sttecessful bidder shall be required to perform the work in accord with the
folloWmi g publications, both of -iYleicle are incorporated herein and made n part
hereof for all purposes:
LV 1. The General {Contract Documents and General SpccsCeetiuzzs for
Water Department Projects dated January 1,1978, which may be purchased
I from the Waiter Department.
2. The Standard Speeffications for Street and Sturm Drain Construction
which may be purchased from the Department of Transpo_rttition � i'ublic
works,
The undersigned assures than its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in either Furnishing or
referring employee applicants to the undersigned are not discrisrunated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7404.
}. n
Tlie Bidder agrees to begin construction within 10 calendar days after issue of -die work
order, and to complete the contract within _20 working days after beginning
construction as set forth in the written work order to be furnished by the Owner.
{Complete A or B below, as applicable;}
XA. The principal place of business of our company is in theoState of TC xa$ .
Nonresident
bidders in the Seats of our principal
place of business, are required to he � percezit lower than resident bidders
by state law. A copy of the statute is attached.
F
D-4
Updated
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Nan resideist bidders in tl�e Stato of our principal
pincc o f business, are not required to underbid. resident bidders,
I3. The principal place of business o£ our company car our pint Company or
majority o��ner is in the State ofTc�as.
r
I (we} ackuo�vlcd�e xeceipt t�f the #"oliotiyin� addenda to the plans gad s�cc'�icutions, all of
the provision and requircn�ents of wbiclt lave been taken into consideration ern
preparation cif the #'oregoing bid
Addendum No, 1 (Initials] N a Addenduun No. 3 (Initials) N �
Addevdurn No, 2 {Initials) N A
Date;] �
AddendumNo. 4 tlnitia]s) N A
k�espect#'ully submitted,
By:
Title
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Address
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