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HomeMy WebLinkAboutContract 38947COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 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 Information: Developer Company Name: Texas Wesleyan University Authorized Signatory: William Title: Senior Vice President Project Name: Texas Wesleyan University New Scene Shop —Alley Paving Project Location: 2920 Ave. C Additional Streets: Plat Case No.:N/A Plat Name: Polytechnic Heights Add'n, Vol. 63, Page 109 Mapsco: 78K Council District: 8 City Project No:01360 To be completed Received CFA: 2009-020 DOE: (��3 J OFFICfAL RECORd CITY S�CCRE'i'ARY FT.1Ai'ORTH TX 0�-11 P01:43 I� 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 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 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 (ALA Sewer (A-1) , Paving(B) X , Storm Drain (B4) , Street Lights & Signs (C) _. 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. 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. 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 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. I. 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 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 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 whole or in part, by the alleged nemliQence of the City of Combined CFA final Sept 11, 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, whether or not such injuries, death or damakes are caused, in whole or in part, by the allezed nemliaence of the Go 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. O. 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% %J 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. 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 (49/o) 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 funds and approval by the Fort Worth City Council. 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. 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 12, 2008 6 Cost Summary Sheet Project Name: Texas Wesleyan University New Scene Shop— ey Paving CFA No.: DOE No.: 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 and Sewer Construction 2, Sewer Water and Sewer Construction Cost Sub -Total $ - B. TPW Construction 1. Street $ 15,000,00 2, Storm Drain TPIN Construction Cost Sub -Total $ 15,000.00 Total Construction Cost (excluding the fees): $ 15,000.00 Construction Fees: C. Water Inspection Fee (2%) $ - D. Water Material Testing Fee (2%) $ Sub -Total for Water Construction Fees $ E. TPW Inspection Fee (4%) $ 600.00 F. TPW Material Testing (2%) $ 300.00 G. Street Light Installation / Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees $ 900.00 Total Construction Fees: $ 900.00 Choice Financial Guarantee Options. choose one Amount (ck onel Bond = 100% $ 15,000.00 Com letion A reement = 100% /Holds Plat $ 15,000.00 Cash Escrow Water/Sanitary Sewer= 125% $ Cash Escrow Paving/Storm Drain r= 125% $ 18,750.00 Letter of Credit = 125% w/2 r expiration period $ 18,750,00 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 Dev��eloF�vl has execut this instrument in quadruplicate, at Fort Worth, Texas this I04� day of , 200�. CITY OF FORT WORTH -Recommended by: Water Department Wendy Chi-Babulal, EMBA, P.E. Development Engineering Manager Approved as to Form &Legality: ATTEST: Yrty Hen •x City Secretary ATTEST Signature Print Name: i a �FFICi�L RECORD CITY SECRETARY FT: WORTH, TX Transportation &Public Works Department William A Verkest,�faIE. Director Approved by Cit}� Manager's Offrce Fernando Costa Assistant City Manager Texas Wesleyan University Print Name: William Bleibdrey Title: Senior Vice President Sauii� Ii01a�N�tIbNC, ry7C . ff state w texas comm. E;p,t Combined CFA final Sept 12, 2008 8 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 134: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements ❑ Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) Block 8 Iz TEXAS WESLEYAN UNIVERSITY ALLEY PAVING FOR NEW SCENE SHOP EHIBIT B -PAVING IMPROVEMENTS X 16' Alley DRAWN BY: BB CHECKED BY: BB BHB PROJECT: 2009.013.014 DATE: April, 2009 1 2 3 Cost EstimateAlley.xls Quantity Unit 1 30 24 1,540 1,540 150 Baird, Hampton & Brown, Inc. 6300 Ridglea Place, Ste 700, Fort Worth, Tx 76116 Tel 338-1277, Fax 338-9245 f3udgetary Cost Estimate Alley Paving Texas Wesleyan University Scene Shop City of Fort Worth, Texas Alley Improvements Item Description LS Erosion Control CY Roadway Excavation LF Sawcut Existing Pavement SF Compacted Subgrade SF 6" Reinforced Concrete Pavement** SF 6" Concrete Driveway 4J27J2009 Unit Price Total Amount $500.00 $500.00 $10.00 MOM $2.50 $60.00 $2.50 $31850.00 $5.00 $7,700.00 $5.00 MOM Alley Improvemets Sub -Total = $13,160.00 Contingency = 15% $1,974000 Alley Improvemets Total = $159000800 ** Pavement Section is assumed. Fort Worth requires pavement design by geotechnical engineer using FW pavement design manual.