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HomeMy WebLinkAboutContract 41382COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. I�i I )s a 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: Kiewit Texas Construction, L.P. Authorized Signatory: William D. Glaser Title: Vice President Project Name: Kiewit Water &Sanitary Sewer Improvements Project Location: 13119 Old Denton Road Additional Streets: N/A Plat Case No.: N/A Plat Name: N/A Mapsco: 7V Council District: 2 City Project No: 01617 To be completed staff , Received by. Date: 1 � d � � CFA: 2010-065 DOE: 6555 C I a uA�� 1 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 Faces ("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. ,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 (AIX Sewer (A-1) X Paving (B) _z Storm Drain (B-1) , 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 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. 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 iniatries, death or dania"es are caused, in whole or in part, by the alleged nekli,aence 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, whether or not such injuries, 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 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 %J 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 0 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 funds and approval by the Fort Worth City Council. i1. 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 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: Kiewit Water &Sanitary Sewer Improvements CFA No.: 2010-065 DOE No.: 6555 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 A. Water and Sewer Construction 1. Water Construction 2, Sewer Construction Water and Sewer Construction Total B. TPW Construction 1, Street 2. Storm Drain TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: Financiai Guarantee Options, choose one Developer's Cost 261,000.00 $ 198,000,00 $ 4591000,00 $ 459,000.00 $ 9,180.00 $ 9,180.00 $ 18,360.00 $ 18,360.00 Choice Amount (ck one) Bond = 100% $ 459,000.00 Com letion A reement = 100% /Holds Plat $ 4593000.00 Cash Escrow Water/Sanitary Sewer= 125% $ 573,750.00 Cash Escrow Paving/Storm Drain r= 125% $ Letter of Credit = 125% w/2 r expiration period $ 5739750,00 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 Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this day of C , 20_L _. CITY OF FORT WORTH - Reconmrenrled by: Water Department IA) Wendy Chi-B ulal, EMBA, P.E. Development Engineering Manager Approved as to Form &Legality.• arcia Wise Assistant City Attorney ATTEST: Marry Hendrix City Secretary ATTEST Transportation &Public Works Department William A. Verkest, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager Kiewit Texas Construction, L.P. Signature (Print) Name: wid? ell / e &u l errc 2- By its General Partner Kiewit Texas Co. Print Name: William D. Glaser Title: Vice President 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 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 Blanlc) G� EXISTING 24' TRA SANITARY / / SEWER LINE / / 30' TRA SANITARY // SEWER EASEMENT VOI. 9577, PG. 613 VICINITY MAP N.T.S. AlL /NVESTMENT, L. P. CALLED 156.800 ACRES DOC N0.0200088060 I:�aL•P.IIL11;1E1 I I I I I 100 YR FlLOOOPLAIN i I I A/L /NVESTMENT, L. P. CALLED 50.900 ACRES DOC N0.0200088060 / 'PROPOSED IS'SEWER I / � EASEMENT i / 1 / / / /PROPOSED 30'SEWER / I / / EASEMENT / � / I WESTPORT PKWY. --- / I JRE-MSE LlV/NG TRUST / CALLED 59.5996 ACRES /PROPOSED 8' SANIT DOC N0. 0209193993 / SEWER LINE / / �100 YR FLOODPLAIN� / i :: HALFF® . ,;�„j. REGISTRATION NO.: 312 4000 FO3511 CREEK BLVO FORT WORTH, TEXAS 78137-2797 TEL (B17)847-1422 FAX (817)232-9784 I Ff;FNII UNDERGROUND GAS UNE 15' UTILITY EASEMENT EASEMENT AGREEMENT VOL.,PG. i i i r--PROPOSED VARIABLE WIDTH i SEWER EASEMENT AIL INVESTMENT, L.P. CALLED 20.668 ACRES / DOC NO. D204242155 I 0. R. T. C. T. �--PROPOSED 15' SEWER I EASEMENT CH LI PROPOSED SEWER LINE PROPOSED MANHOLE EXISTING SEWER LINE pagQ� SEWER EXHIBIT 'A' KIEWIT WATER AND SANITARY SEWER LINES SHEET 1 Of 2 MATCH LINE T-P tESTPORt K Y. _ I i s I � y - "W h I�ITY LIMI t PROJECT a LOCATION t f i / PROPOSED 8' SANITARY SEWER LINE E' / VICINITY MAP / / N.T.S. / I t i t I I � I � t I / 1 i I j /100 YR FLOODPLAIN I � i i / LIRE —USE LIVING TRUST 1 / CALLED 59.5996 ACRES DOC NO. D204193493 0. R. T. C. T. \ \ I I \ i / \ i \ � I \ ' PROPOSED 8' SANITARY 1 \ ` SEWER LINE \ I \ \ I \ I I I / \ I i \ � I I ( I PROPOSED 15' SEWER ~-EASEMENT I I pdg� AIL INVESTMENT, L.P. CALLED 20.668 ACRES DOC N0. D204242155 0. R. T. Co T. STANFORD SONS INVESTMENTS CALLED 16.504 ACRES DOC NO. D207096201 I O. R. T. Co T. I I PROPOSED VARIABLE WIDTH SEWER EASEMENT I I PROPOSED 6' SANITARY SEWER LINE I i 40' SEWER I CIL BERT TEXAS CONSTRUCTION, L.P. CALLED 5.00 ACRES VOL 15077, PG 510 DOC NO D201196640 0. R. T. Co T. GlL BER T TEXAS CONS TRUCT/ON CORP. CALLED 12.00 ACRES VOL >1901, PG 213 O.R. T. Co T. LEGEND PROPOSED SEWER LINE SEWER EXHIBIT 'A' HALFF® PROPOSED MANHOLE KIEWIT WATER ANSANITARY mum SEWER LINES ES ml m EXISTING SEWER LINE - ■�,_'_-® REGISTRA110NNO.: 312 LVD PROPOSED 2-WAY -�►- FOOR WOORTHRET 76137-2797 CLEANOLIT TEL(847)847.1422 FAX (817) 232-9784 N 0 50 100 150 200 �i'=200' SHEET 2 OF 2 120' RIGHT-OF-WAY r PROPOSED 12' WATER L VICINITY MAP I � �. ' N.T.S. C�6 I ; AIL INVESTMENT, L.P. DOC N0. 0205016661 pag4� I ♦I I C.R. T.C. T. STANFORD SONS /NVESTMENTS CALLED 16.504 ACRES DOC NO. D207096201 0. R. T. C. T. EXISTING 80' RIGHT-OF-WAY CIL BERT TEXAS CONSTRUCTION, L.P. CALLED 5.00 ACRES VOL 15077, PG 3/0 DOC NO D201196640 - O.R. T. Co T. :: HALFF® ■ =' � ■ REGISTRA310N NO.: 372 I 1 I I AlL /NVESTMENT, LP. VOL 9381, PG 66 , C.R. T.C. T I �I I 'I I I I II PROPOSED 12' WATER LINE LEGEND PROPOSED WATER LINE PROPOSED GATE VALVE PROPOSED FIRE HYDRANT PROPOSED METER W/BOX � PROPOSED CLEANING WYE � �aa4 As voo o �51 �o�Q�g4�pC� A/L INVESTMENT, L.P. DOC NO. 02050>6661 co R. T. Cr T. / N "'old WATER EXHIBIT 'A' KIEWIT WATER AND SANITARY SEWER LINES • SHEET 1 OF 2 / 100 YR Fl00DPLAiN\ / \ I VICINITY MAP N.T.S. � I � � A/L INVESTMENT, L. P. CALLED 50.400 ACRES � � DOC NO.D200088060 -1' AlL INVESTMENT, L.P. CALLED 20.668 ACRES DOC NO. D209292>55 pd�'4G� :: HALFF® ■ NO.: 312 �■ REGISTRATION 4" FOSSIL CREEK BLVD FORT WORTH, TEXAS 76137-2797 TEL (817) &iA1422 FAX (817) 232-9784 LEGEND EXISTING WATER LINE PROPOSED WATER LINE PROPOSED GATE VALVE --►♦— PROPOSED FIRE HYDRANT �— PROPOSED METER W/BOX �- PROPOSEO CLEdNING WYE � TING 30' WA -►� � EXISTING 15' WATER s: EASEMENT �� D208145723 PROPOSED 12'WATER A/L /NVESTMENT, L.P. DOC N0. 020501666> UTURE 120' RIGHT-OF-WAY o a a�Qo g�aa� p WATER EXHIBIT 'A' KIEWIT WATER AND SANITARY SEWER LINES SHEET 2 OF 2 HALFF ASSOCIATES, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 (817) 847-1422 CLIENT: Kiewit Texas Construction, LP PROJECT: Kiewit Water and Sanitary Sewer ESTIMATE OF PROBABLE SEWER COST 12/20/2010 27495 BLM Item Total Unit Total No. Description Unit Quantity Cost Amount nary Sewer Improvements BID-00134 'Grass-Hydromulch Seeding —Install BID-00198 Collar-Manhole-32 Inch -Frame & Cover~ Install BID-00201 :Inspection -Post Construction Cleaning & TV — Study BID-00207 �Manhole-Drop-Std 4 Ft Diam-(to 6 Ft Depth) — Install BID-00208'I Manhole-Drop-Std 4 Ft Diam-Added Depth (over 6 Ft depth) — Install BID-00211 Manhole -Paint & Coating -Interior Protective Coating — Install BID-00213 'Manhole-Std 4 Ft Diam-(to 6 Ft Depth) — Install BID-00214 Manhole-Std 4 Ft Diam-Added Depth (over 6 Ft depth) — Install BID-00217 -: Manhole -Vacuum Test — Services BID-00330 ;;Pipe-Sewer-6 Inch-SDR26 (All Depths) — Install BID-00350 ',pipe-Sewer-8 Inch-SDR26 (All Depths) — Install BID-00351 Pipe-Sewer-8 Inch-SDR35 (All Depths) — Install BID-00362 IlSewer-Service-6 Inch-2 Way Clean Out — Install BID-00372 "Trench Safety System 5 Foot Depth — Install BID-00443 "Pavement-2 Inch Min HMAC (Str-028) Permanent — Install BID-01174 ''Fill Material -Cement Stabilized Backfill — Install Connect to Existing TRA Sanitary Sewer Manhole Subtotal Project 10% Contingency Total Project SY 10,019 $1.00 ' $10,019 Ea 10 $500.00 $51000 LF 3,489 $2,00 " $6,978 Ea 1 $3,250.00 $37250 VF 14.0 $250.00 ' $3,500 VF 44.0 $200,00 $89800 Ea 9 $2,250.00 $20,250 VF 34.0 $250.00 $8,500 Ea 10 ", $115.00 $1,150 LF 20 $30.00 $600 LF 520 '' $35,00 $180200 LF 2,949: $30.00 $88,470 Ea 1 $250,00 ( $250 LF 31490 $1.00 $3,490 LF 24 $14,10 $338 TO 8 : $62,50 ! $500 Ea 1 $1,000.00 $1,000 $180,295 $18,029.50 $198,325 Rounded Total $198 ,000I HALFF ASSOCIATES, Inc. 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 (817) 847-1422 CLIENT: Kiewit Texas Construction, LP PROJECT: Kiewit Water and Sanitary Sewer ESTIMATE OF PROBABLE WATER COST 12/28/2010 27495 BLM Item Total Unit Total No. Description Unit Quantity Cost Amount Sewer Improvements BID-00100 . Storm Water Pollution Prevention Plan > Than 1 Ac LS 1 $2,50000 $2,500 SWPPP — Install BID-00124 Mobilization — Services LS 1 $10,000.00 $10,000 BID-00132 Grass -Bermuda Sod — Install SY 163 $4,00 $652 BID-00134 Grass-Hydromulch Seeding — Install SY 3,723 $1.00 $3,723 BID-00220 Pipe Fitting — Install Ton 2 $5,000.00 $10,000 BID-00372 : Trench Safety System 5 Foot Depth — Install LF 21847 $1.00 $2,847 BID-00443 Pavement-2 Inch Min HMAC (Str-028) Permanent — LF 11565 $14.10 $22,067 Install BID-00546 : Fire Hydrant — Install Ea 3 $2,750,00 $8,250 BID-00552 l,Meter Box -Class B — Install Ea 2 $110.00 $220 BID-00588 Pipe-Pressure-10 Inch — Install LF 299 $38,00 $11,362 BID-00591 Pipe-Pressure-12 Inch — Install LF 2,518 $45.00 $113,310 BID-00616 Pipe-Pressure-6 Inch — Install LF 30 $30.00 $900 BID-00637 Pipe -Tapping Sleeve & 12 Inch G.V.-30 Inch X 12 Ea 1 $83000.00 $8,000 Inch — Install 3ID-00715 (Valve-10 Inch -Gate Valve w/Box — Install Ea 9 $1,500,00 $13,500 3ID-00717 Valve-12 Inch -Gate Valve w/Box — Install Ea 7 $1,750.00 $12,250 3ID-00745 Valve-6 Inch -Gate Valve w/Box — Install Ea 3 $1,000.00 $32000 3ID-00763 Water Service-2 Inch — Install LF 94 $33.00 $3,102 3ID-00767 Water Service-2 Inch -Tap to Main — Install Ea 2 $100.00 $200 BID-00837 Concrete -Type B — Install CY 3.20 $100.00 $320 BID-00841 >ConcreteEncasement—Install LF 37 $30.00 $11110 BID-01189 ;Signal -Traffic Control - Design & Provide, — Install LS 1 $100000,00 $10,000 subtotal Project 0% Contingency $237,31 $23,731.3 Rounded Total' $26