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HomeMy WebLinkAboutContract 38540 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary G t ' COUNTY OF TARRANT § Contract No. Q l%6q() 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:College of St. Thomas More Authorized Signatory: Dr. James Patrick 'title: Chancellor/Director Project Name: College of St. Thomas More Paving Improvements Project Location: Alley East of Lubbock St., West of Merida St., South of West Bowie Additional Streets: N/A Plat Case No.: Vol. 6i, Pages 59--60 Plat Name: Prospect Heights IVlapsec:76N ( ouncil District: y Cit} Project No. 0 t?4 i 1 o he compleled ht-sluff` Deceived h\ Date. ('FA: (_-cc-I -- - - DOL:_ 11-4c, OFFICIAL RECORD 0 5—0 6—0 9 P( 4 :2 0 IN ' CITYSECRETARY FT.WORTH,TX 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 11, 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 Cit\ standards and the Cit)-approved construction plans. specifications and e5-011181e, pw0ded liar the Prolie: i and the eahitrit� altachrti herew D, 1 he following checked exhibits are made a part hereof: Water (A)__,. Sewer (A-1) __¢ : Paving (B) X Storm Drain (B-1) ; Street Lights & Signs W) f. 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. d. 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 infi°astructure, 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) sears 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 22.53. Texas (government Code. iii. To require the contractor(s) it hires to perform the consti-uctiou 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 Cite shall he named as additional insured on all insurance required by said documents and same will he evidenced on the A('OR l) Certificate of Insurance supplied by the contractors insurance provider and bound in the construction contract book. t� 10 requirc its contractor to pivc 48 hours notice io ltie ('lip' tatrtil7"E)�l?1)i§ �ret_eil'k� !)1�'3Ssa��, "t Inter'! W ed�l7frlik'P.( r r,Hl�t�gi,Fi:�n �r: �)€af 11V ins ct IWO7 MJN(O1[ L I ""ih 1,0 ;t%aoahji eiiI t !rk,pto( 11-a contractor to alloeN 111C c;onsnRuctiorI to be su17�jcd 10 iftspectiot, at an,\ and all times h) ( il,y inspection forces, and not to install relocate alll, al� l i �t:,crl tit<7t'If; �.1�"lltri tit pipe yxplt yr c_t7Ew„�i�!1 tt; 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. 1. 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 aceounl of any injuries of danange� stastailaed arN persons (inchiding death r or is am },rope'rt� resulting troll-I or ]h i'onnecliolj v,ith thy° ionstruction. desigi,. Perti�ti±lan(.t or completion of any work to be performed by said Developer. his contractors. subcontractors, officers, agents or employees. or in ; .�nsrc,nena a�+'arty f�ilr�rr l(' hr0perk safeguard the v,O4 ,r or, a,•, ��a�i,, 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 whole or in part, by the alle-ed net?likence of the City of Combined CFA final Sept 12,2008 4 Fort Worth, its officers,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, whethe►• or not such injuries, death or damakes are caused, in whole or in part, by the alleged negligence of the Citv of Fort Wailh, its offlce►s, 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 Cite an indemnity agreement from such contractors on a form to he 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 Cio the right to enforce such contracts as an express intended third part.\ heneliciary of such co ntracl� ir,spc.criorl and loateriai testrnv, iv(, an ?-e(irorral a' f ;liR,�b t)ek,0olier -,hah pa. i!, F.a"h otAt'S �Iwl irk - oiateiial testing fees equal to percent (?%) 161 a total of Of ?ht devc1oper`s share of the total construction cost as stated in the constrcrc:ticx: .,ri�13t1�t. it, 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 fiords 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 tor construction of same befirre the expiration of iw—, (?) Near, i f the Developer hreache�, this Agreement. hccoilly' rnsotr,ent of tails to pa.y cosi� 01 t onstruetion anO thk financial guarantr,e is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the [developer's contractors and/ot suppliers afEr �„>t hair [ Al tht� r :Fst� r�i�c,tplAlie� arrdls)r con0mclion the � ojilrartor, and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Combined CFA final Sent 12.2008 6 Cost Summary Sheet Project Name: College of St. Thomas More Paving Improvements CFA No.: 2009-007 DOE No.:6149 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 $ 2-Sewer $ Water and Sewer Construction Sub-Total $ - B. TPW Construction 1.Street $ 31,985.00 2.Storm Drain $ TPW Construction Cost Sub-Total $ 31,985.00 Total Construction cost(excluding the fees): $ 31,985.00 Construction Fees C. Water/Sewer Inspection Fee(2%) $ - D Water/Sewer Material Testing Fee(2%) $ - Sub-Total for Water Construction Fees $ E 7PW Inspection Fee(4%) $ 1,27940 F TPW Material Testing(2%) $ 639 70 G Street Light Installation/Inspsection Cost $ H Street Signs Installation Cost $ Sub Total for 7PW Construction Fees 9 1 919 10 iota+Construcbnn F ees } 1,919.% i,tfOEt'E F'inanciai Guarantee Options,choose one Amouni (ck one) Bond= 100% $ 31,985.00 Completion Agreement=100%r Holds Plat $ 31,985 00 Cast. �2b��- _ _. $ 3�.9111 2F � i [Letter of Credrt 125 r w)2�n Pe-noa_ $ 39 98 i 2. 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 day of 200 - CITY OF FORT WORTH-Recommended by: Water Department Transportation & Public Works Department A If'� Wendy Chi-Babulal, EMBA,P.E. William A.V test,P.E. Development Engineering Manager Director Approved yJ to rm &Legality: Approved by City Manager's Office Am J. msey Fernando Costa Assist t City Attomey Assistant City Manager ATTEST: rN0 M&C REQUIRED Marty Hen City Secretary ATTEST College of St.Thomas More U . Signature wSignature (Print)Name: �Jvr4 :���� , �'�� Print Name:Dr..lames Patrick )A.L-8 j7~A%C9- Title:Chancellor OFFICIAL RECORD Combined CFA final Sept 12,2008 8 CITY SECRETARY �T-WORTH,TX 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 13-1: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Leff Blank) 9 Wc U m � J W. LOWDEN cn z W. BOWIE a W LU ~ U cn W W W Z U uj J ( OW ' W. BERRY :0242 VICINITY MAP — — — — ,5 l�l�.� —NINE MOIPSLO 1 7(0 -X . I r a0 LO SH VA t55- {M.55- -EnSS- E:SS-- --F:.z.55-� W B 'E rs co AF BE Powj� P,,0WVAP,,r5 ) 10' 5' 0 10' � Ear G nlr law,orb N SCALE: 1"-1EY ______._.-.-__-_. ��_��:-.______________________ CA f �- - - - -•—------------------------------------------------- •—............. e' '. ---•-'-•---•---._........ L 11 - - WC N90'00'00"E125AC?' : . - - - - - - - - -. . ... rai -- -- -- - N -- ' ' dsaolk eer ;a CFW Stdk - 6 ROPOSED OM�.� g , ONE STORY feWzU,iK76109 N AW,—GI VAm #60289PS1s BUILDING �_ • & 0 8 a �k►t;efJ' .OrJ Exis ing Overhead and ol FUTURE omw Underground utilities COURTYARD LIBRARY :1 Ld6agrd�tnr mwr to main. Contractor M05MCf H%K5 APPITION 8 • � t ham,� py� t use extreme �/ caunav! I. I, 131o�k 21 •`'Parrm�t �` �,z ExhI"cart Pad VV N 9010070M 1 DO, to runr grodr NOW an QaMg - - - - - - - - - - - - - ow5fOR am P.rae, srd psr Osta<stnast cts L • w6rtl1 i lo � K Zs25 •" ' a - - - • • 4 M PF I _ K '//�J ;i 4 Nids A*M Petit Shapes at PS" AREA' -MOCK\ L^ ` Jr' Z�� 1- t0 Pokir¢ SpaCYd of t=6_ DAMA ALL E ALL E Jastdt 41' ' ° A Cu ALL F �� P�„m 61*moatper � ND 2 OIL 5foky A hYKatlt 1X76K79- WOOP FM ANYT ted _ Q a p :ed(Brae)to dJ� LLaA'. now Fxs Sty Ad C/eOrart oa a CAwnad Fr me and A Corer Ir Rsgotrsd f nl :'�\ flMraNt iX�b � - �• a ns q /� a WK peartoIf Runs Old • ■ f t ■ Cover//lisgr+rrsd » . f/e/6//m *d � 1 •� 1 Off 5fGRY 04W F9 � ThF a lo 0 242x rr 1 PART 13--MbFOSAL DEMOVft AWARDED 4(YNMt% ThispropoWi awn not bq.=movtdftwffi&book of Comwt Docuumts,- T�1 CAP 6t.`i1t) ;1Y11Y9E PROPOSAL FOR; PIR OJECTNAW Vig I.JIUMs:More DOR NO, CrN PROJECT-No . r K Nto_ K 99l twludii dic I ct#'all Mdmi" -miot mxWWA.i ca&d W lire'fuirnishcd by the_ City, equ4ito+afaic sand laW RW the inMAdbo of a;16' Wide Allq ind sH aemoaq $dam es and laddental work to,pm t- :fa "VIm and ierv=ahrl* pt of t des} as: pumant to tho sftagwils`49t x to W&W. the utnfi mignad Bid f,ham t thomibly exat d`the Ccthuwt Df contents, 1d1%, plans, 6pecial f:onowt dawnwwp, the C,enctal Contract Doctunccits.stud General spedficatlons for. T 4Mit ib0'and fthIic votb Projccts,*c sitc of du-pmoacct and understanding the-amou n,of work to be dam and tic,prevailing wtttdiaTiat>s, l}y pa'oposos to do sill the work. fiumish all l"r, equipmem and nmierial except tW specA feed. toy be- Furbished by theL.CiN. ,ivhicti is tweessary to faddy-complere .the work as prmidod In tto Plats avA Coutrpet'its and subject to the iuspectiou and approval of tM Director qtf tl&e t3epai nt vi? En c ran .of the�Cit of Fort t4`vrtlt„Texas,art�i binds tf upon acc�e of feria l�al to cacccuto a tiorawt-and fiuuiiffi-an approwd ?c6omwive Bond, Payment i Bor4 Mqu:tett utc a 'a0au4,unfl �5M.h othfx•bands. if.any, as-fmy bc-mgaired by the C,+M,m-t D c=ejtu for the putfcamtintg-and cpa. loting of-the *tii: wo'rlt, C01WAew proposes to do the work unthin the time-sr*ted and far deer fbilovkin stems. 1 (Bedf CWZKgZgLE9)BdfWWW e .. t- I MVM10IMPROVEMENTS IMI APPROX. DESCRrnoI N, oy r EW W1 rjj iJN1T 'FO7`AL ,40. QTJAN'Tr Y Di PRICES WR,rrjE_\,IN FIORDS MICE AMOUNrF fFimish and install,iucluding.rfl©ppartonant wrest, ouniplete in plao€, the fOItcrwing items) Itm I Aprprox. Unit Item Dcsdripooa LJnat Pike: Total Ammmt NO- 9 � "D""ltoM description t V(3.000psi)Reinforced Unit Prue Total:Amount- I l 360 SY Concrete Pvrnt,Complete and in Place + 4 Camper$a>FrgM*per Unit Price Total Amount 2 360 S;Y Gwtechxical Rtport Unit giro TOW Amount � l PECcmC�'cLc' 'RSZit ]stop per PlAnn Concrete Curb&Nattier Unit Price TOW Amount 4 23 L= (;,000 psi)to Match Exbtiug Unit free Total Amotnn ! BY Canmvtc Sidewalk Tkofic Contmi, Unit Price TcW Amount I L5 ConVlav per?tan mm] MUF Stcls. ,a Traffic Carrtrak Ut it Prim Total Amount Complete per Plan and F emMt lei �p f+ar LWt Price Total Amount l LS Handicapped Pvxking,1i-j Isite plan F B_2 u�te�QS�18rzao5 (Bad(gtZxgML69)6dpKgldw Ugit Afiza TOW Amount BA Haud3'"pped parking Sign,per Dewl wo Undt N cc Total Am awit } 2 EA Adjust Sanitary Salver Clean Rim 5 Adjust Sanitwy Sewet Unit Prim Tots Amount t I iEA Manbole Rine. 1wWJ watmpwf Insert Saw t p [I3ept]�earl i fnit Pric c Total Amount 12 2 FA Ramovo ExisdagDxive- t $_14am:_ SL Sawcut Full Depth and Unit Pritc Total Amomt 13 Conma SidawWk $JR 4b = P Savacvt Full Depth and U��� Tk�#Al Aunaunt 14 .200 SY Remove bv�A Allan Pevemed f b !b sion cmtml Flan, W#>yricc TOW Amount i 5 1 Complete inn Place; UMWetacvtation and ` Maintannce NOte� All Caustmetion dWJ he per City of Fort Worib Sped jcatiom TOTAL AMouq r EM PAVING .°� t GRAND'TOTAL AMOUNT BID Ob 1 B-3 LIPMed o151MI2 0E, I (6adf gb7X4ZqxL69)6df*ZMdw } RAT B-PR(jpOSA- JQat.)- Afbw="mce otAit Provo , the undersiped wilt mccute the fo=W ctatand' toil! dOiNw an approved Surety Bond and such other bonds_as.required the.C,dantrar� Dora=% for the htstUW Plaftawaft of the`Coniraci. Ile aftwAM bid y' If required ie"to berme the propcity of the Developer. The uadmigaed biddor clod.that tic has obtaincd at !cast one.set of the"Camcral' c ttri a tiocumeut�-:nnd t3en 1 Spewi nations V atcr Ckegartmaat I'rejt.�:ts dated .Isrtaxaty 1, 1978, snd thet he,bas read=W-thomu&y iznderstands atl the"quiren}cmi and conditions of chose -Ge=a) Do�tx u ntrss and the spew Contrece. Ducwrumts and O"Mtemak plans- The sueetaM btdd& shall bye.M •to pWartn the pt+orlt in stx rrd with the Gattov-1mg paobWAVom E both of."Leh are bma pmrst d heir and made" a pert b+eree€for ail purP osew I. `ke SWa&rd Spedfkatlom ftw Sumt•aml Stone Mats Coni&memm whcb mmy be�purdumd from the PepmImAnt of TroasporbAten & PubOr parka. Ibe mea t essom tip fbA mployees and applicants for employm- cw and those of gmy laM crg *mot fflibcoaftlMo s, or empla)Meart agency in either fundahuig os rafwing cmpiayec anli=,s to t]a undeasi ,_,ere. f2a# diminthu d :agakwt as- pialoftedr by the m= of L-ty.00dinImte-No. 7278 ss autsided by City Onum= . '74M The Bidder-apm to.begin constmetiaa Within_A___calendar der,after ismin;of the worEc order, and to omplaba tile coatiraat with wca I&g .days.after 6eWmi�mg constmottion as-act fdrth in the%littm worlr Ordfar to be Amiaished lay-the Owfw_ (Co mpleits,A or B bmI9*j a�.�►pdis bm yb in the State of Nonresidag biddeim in the SUdo of cnu= pax ple►oo-of busin ,mttegturcd to be percm lower than r idmt-bk by AMe law:I A ot►py of die smtute i s attached. Nit tesidcut biddom:inthe State,cd :our"pr3ac'cpel l place ofbusin rarcaof requiredio det'bEd raOdcat biddom, , ZB71m pdncipW pletae of bum oF-m r o h Wi a o t m a rat 0 0 mpaa-Y or majorit3tcrwnec ie:>>a.theS#at�trfTcu�. 34 , Updated MerON i (Bed[ara(sMLes)WOL%ft t P I(w'O acba-vledwe rrorapt of the fallov+ Benda to tha pis aud spescifi�oIN, sll of the grtrvispsms raid rcy ofwrhia have 6=uthm into consideradpn nn prcparatidt-af floe fvregaingbid: Addandllih t $ Addwdmn Nil:3-.(kddah).--- Add : duaU }:. J11dd+ i : : -Ita�pe �rat�ed; �ma : t Dow l 1 U . 5Mi¢5 r (Bedf araxszWLes)6dfeMdw