HomeMy WebLinkAboutContract 42981 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT
City Secretary
Contract No. gags f
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: Great Dane Holding, LLC
Authorized Signatory: Dusty Renfro
Title:
Project Name: Hulen St. at Diaz Ave. Traffic Signal Improvements
Project Location: Intersection of Hulen St. at Diaz Ave.
Additional Streets: N/A
Plat Case No.: FS-010-123 Plat Name: Chamberlin Arlington Heights
Mapsco: 75
CFA: 2012-003 DOE: 6785
To be completed by to
Received by:t..2e
Council District: 9 City Project No: 01845
Date:
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and the
1
03-09-1 2 A 1 O .2,_
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 (A)
Sewer (A-1) , Paving (B) , Storm Drain (B-1) , Traffic Signals
(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
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.
3
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
maths 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 adjustiuent 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
Combined CFA final Sept 12, 2008 4
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 negligence of the City of
,Fort Worth. its officers. servafzts. 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 icem servrints. 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% of the
5
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.
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.
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 fmancial 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
Combined CFA final Sept 12, 2008 6
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.
Cost Summary Sheet
Project Name: Hulen St. at Diaz Ave. Traffic Signal Improvements
CFA No.: 2012-003 DOE No.: 6785
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.
toms
Wale and Uwe t In cI r
It. Waioi CiardittiasOrs
2. &i Gtistitin
Waive OW See ttin k;tit-4:
TPW Construtittr
I. Sflort
2. 3 y.ctm Grant
3. Try: Sisal
TPW Cesraireuetioo C.at Sub -Toby
Total Construction Cast (exctuatrtta It* Seo*
Devo+op er- Cott
.vs trues Feet; -
C- ViiiiatiStrorsi Itisp ctfors Foo12%) 3
f9 Wstir'Sffiaw PJ. rn l Tooling Fos (2%) $
e#r-704.t or War ( nstnitttn Ft
E TRW b sii pnttiort Fete (4%)
F. Tri'r' M.Ilnt:at Timing pigri 1.
IMar: 4,itr t.rns.jl fn - - $ f,weis :te'
11 s trMt Signs installation Cott
Sub- Tola, fctw TPW Consteuctstin Foes S 7.025 32
175,643 00
175.633.00
•
MP
Tn z$ Condrtiction Fit*: $ 7,025 12
Che tce
t• t oA.►tc I.i, Ch A►r#n IWO C4tI`O 17 t. •: 1 na ye on* A Kati rrt IV* e
H - t t $ t 75.633.00 1
CarOallon Aurooment ^ f o%.1 Holds PIM S 175. .4?0
Cash Escrow WatoriSaritart S.cw4ra 12S% S -
Cah+ Escro w Par lntoi3tcv'i Nal!, 11 129% $ 211.541.25
bitter el Ctiodti .. 125% wily Oxisraiiliton niesod $ 210,541.25
Combined CFA final Sept 12, 2008 8
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 et_c � . 20 \tom-- .
CITY OF FORT WORTH - Recommended by:
Water Department Tysansportation & Public Works
Department
Wendy Chi-Babulal, EMBA, P.E.
Approved as to Form & Legality:
O�c
Douglas W. Black
Assistant City Attorn
M&C No. Air/LC, f
Date:
ATTEStr:
jet\ tnatilt-
Mary 1. Kayser
City Secretary
ATTEST:
Signature
(Print) Name:
Manager
•
Dougl
0
W. Wier ig,
Approved by City Manager 's
Fernando Costa
Assistant City Manager
Arc OfitiCiko
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Al
ktatiatict
Great Dane Holdings, LLC
9
Signature
Print Name: Dusty Renfro
Title: Pret-,2t den -
OFFICIAL RECORD
CITY SECRETARY
FT. 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 B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Traffic Signal Improvements
Traffic Signal Estimate
(Remainder of Page Intentionally Left Blank)
Combined CFA final Sept 12, 2008 10
Kimley-Horn and Associates, Inc.
Client: Great Dane Holdings, LLC
Project: Hulen Street at Diaz Avenue Traffic Signal
KHA No.: 061275801 _
`Title: Hulen Street at Diaz Avenue Traffic Signal
Item No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Bid Item
No.
0241.0100
0241.0300
2605.0111
2605.3011
2605.3012
2605.3014
2605.3021
2605.3022
3213.0302
3213.0512
3217.0002
3217.0301
3217.0501
3217.4307
3441.1001
3441.1011
3441.1021
3441.1202
3441.1207
3441.1311
3441.1314
3441.1315
3441.1403
3441.1408
3441.1409
3441.1414
3441.1502
3441.1503
3441.1611
3441.1612
3441.1613
3441.1614
3441.1623
3441.1624
3441.1703
3441.1704
3441.1711
3441.1722
3441.4001
3441.4003
3471.0001
N/A
Item Description
Remove Sidewalk
Remove ADA Ramp
ELEC SERV PED
2" CONDT PVC SCH 40 (T)
2" CONDT PVC SCH 40 (B)
2" CONDT RM (Riser)
3" CONDT PVC SCH 40 (T)
3" CONDT PVC SCH 40 (B)
5" Conc Sidewalk
5' Barrier Free Ramp, Type B
4" SLD Pvmt Marking HAS (Y)
12" SLD Pvmt Marking HAE (W)
24" SLD Pvmt Marking HAE (W)
Remove Raised Marker
3-Sect Signal Head Assmbly
Ped Signal Head Assmbly
2" Ped Push BTN Station W/ Sign (SIG Pole)
Furnish/Install Radar Advance Detect System
Furnish/Install Emergency Vehicle Preemption System
5/C 14 AWG Multi -Conductor Cable
10/C 14 AWG Multi -Conductor Cable
20/C 14 AWG Multi -Conductor Cable
NO 6 Triplex OH insulated Elec Condr
NO 6 Insulated Elec Condr
NO 8 Insulated Elec Condr
NO 8 Bare Elec Condr
Ground Box, Small, w/ Lid Apron
Ground Box, Large, w/ Lid Apron
Furnish/Install Type 41 Signal Pole
Furnish/Install Type 42 Signal Pole
Furnish/Install Type 43 Signal Pole
Furnish/Install Type 44 Signal Pole
Furnish/Install Mast Arm 16' - 36'
Furnish/Install Mast Arm 40' - 48'
TY 3 Signal Foundation
TY 4 Signal Foundation
Signal Cabinet Foundation
Furnish/Install Controller & Cabinet, Ground MNT
Furnish/Install Alum Sign Mast Arm Mount
Furnish/Install Alum Sign Ground Mount City Std.
Traffic Control
Install Flashing Beacon Mast Arm Assembly
Basis for Cost Projection:
No Design Completed
Preliminary Design
Final Design
This total does not reflect engineering or technical services.
Opinion of Probable Construction Cost
Total
Quantity
30
40
1
75
555
20
105
295
30
8
100
420
107
67
10
8
8
1
1
515
0
435
240
675
230
295
2
5
1
2
1
1
3
2
4
2
1
1
10
2
3
1
Total:
Unit
SY
SY
EA
LF
LF
LF
LF
LF
SY
EA
LF
LF
LF
EA
EA
EA
EA
EA
LS
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
MO
EA
Material Price
25,369.58
4,032.16
3,057.19
2,920.16
3,531 25
3,289.97
953.78
1,511.70
11,477.91
517.50
230.00 1
-I
3,873.92 1
Date: 1/23/2012
Prepared By: MEC
Checked By: SRA
Sheet 1 of 1 0
Unit Price
Item Cost
$7.85
$40.35
$4,500.00I
$4.75
$13.501
$16.35
$8.20
$21.501
$46.801
$1,150.00l
$0.40
$2.651
$5.45
$0.80
$725.00I
$600.001
$250.00
$1,000.00
$1,000.001
$1.30
$2.25
$3.501
$2.00
$1.501
$1.25
$1.00
$550.0011
$650.001)
$750.0011
$750.001
$750.001I
$750.0011
$500.001
$500.00
$2,500.00
$2,750.001
$1,500.00
$1,000.00
$400.001
$455.001
$2,500.00j
$2,150.00I
$235.50
$1,614.00
$4,500.00
$356.25
$7,492.50
$327.00
$861.00
$6,342.50
$1,404.00
$9,200.00
$40.00
$1,113.00
$580.43
$53.60
$7,250.00.
$4,800.00I
$2,000.00
$261369.58
$5,032.16
$669.50
$0.00
$1,522.50
$480.00
$1,012.50
$287.50
$295.00
$1,120.00
$3,250.00
$3,807.19
$7,340,31
$4,281.25
$4,039.97
$4,361.34
$4,023.40
$10,000.00
$5,500.00
$1,500.00
$12,477.91
$9,175.00
$1,370.00
$7,500.00
$6,023.92
$175,633)
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of
probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction
industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs.
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BETSY PRICE
MAYOR
T.M. HIGGINS
CITY MANAGER
DOUGLAS W. WIERSIG, P.E.
DIRECTOR, TRANSPORTATION AND
PUBLIC WORKS DEPARTMENT
S. FRANK CRUMB, P.E.
DIRECTOR, WATER DEPARTMENT
D.O.E. NO.
CITY PROJECT NO.
FILE NO,
6785
01845
K-2208
THE CITY OF FORT WORTH, TEXAS
PLANS FOR THE CONSTRUCTION OF
TRAFFIC SIGNAL IMPROVEMENTS
TO SERVE
DIAZ AVENUE AT HULEN STREET
PROJECT
INTERSECTION
I I
LOI;KE
I1 0
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DONNELL
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WELLEsLEyY
FLE-CHER
BONNELL I
VILPATRICK
LOCATION MAP
N.TS,
MAPSCO NO.: 75
01 LOCK
LOVEIL 5
4 CURZI)N
COUNCIL DISTRICT: 9 - JOEL BURNS
OWNED/DEVELOPED BY:
GREAT DANE HOLDINGS, LLC
2600 SUZANNE TRAIL
HUDSON OAKS, TEXAS 76087
PHONE NO.: 817-528-3564
ES n
wl
PREPARED BY:
cc
Tlir5 Da0V«TNT IS INc0MPLETE
AND 5 RELEASED 1EMPOHARILY
FOR OPTIMA RENEW ONLY IT 5
Not INTENDED FOR C0951Ruc10N,
BIODNG, OR PLRYIT PURPOSES
SCDTT R ARNOLO P E
SAL NO 96782
DATE: JANUARY 2012
KIMLEY-HORN AND ASSOCIATES, INC.
TEXAS BOARD OF PROFESSIONAL ENGINEERS REGISTRATION NO.928
801 CHERRY STREET, UNIT 11, SUITE 950
FORT WORTH, TEXAS 76102
PHONE NO.: 817335-6511
FAX NO.: 817-3355070
January; 2012
SHEET INDEX
SHEET NO. DESCRIPTION
1 COVER SHEET
2 FINAL PUAT
3 ESTNMTE SUIMARY
A GENERAL TRAFFIC SIGNAL NOTES - SHEET 1 OF
5 GENERAL TRAFFIC SIGNAL NOTES- SHEET 2OF2
6 EXISTING CONDITIONS AD REMOVALS LAYOUT
7 LRA FIC SIGNAL DESIGN LAYOUT
6 LRAFFIG SIGNAL DE SXN CHARTS
9 slf,Ns ANDAm:ANGs REMOVALS LAYOUT
10 91CNE ANOW.NN44 GAMUT
11 SIDEWALK AND RAMPLAYOUT
12 ELECTRICAL SERVICE DETALS
13 ELECTRICAL SERVIM DETALS PEDESTAL SERVICE
14 GROUND BOX AND DETECTOR DETALS
15 MSCELLAMEOLS TRAFFC SIGNAL DETALS
16 TRAFFIC SIGNAL POLE FOUMIATON DETALS
17 TYPE 170 PAINT" NSTALLATON DETALS
b ARNGtont.C*ONS DETALS
19 TRAFFIC CONTROL PLAN OETAIS - SHEET 10F2
20 TRP$FC CONTROL PLAN OETNLS- SHEET 20F2
21 SIDEWAY RANP DETNS
22 TWKJL PAVEPENT MARKINGS -SHEET 1 DF 1
23 TYPICAL PAVEMENT MARKINGS • SHEET2 OF 3
24 TWICAL PAVELENT MARKINGS -SHEET 3OF3
DOUGLAS W. WIERSIG, P.E. DATE:
DIRECTOR, TRANSPORTATION AND PUBLIC WORKS
RECOMMENDED
PROGRAM MANAGER
REVIEWED:
PROJECT MANAGER
DATE:
DATE:
HOUGHTON AVE
DETAIL A SW CORNER
HULEN ST.
POSTED SPEEO• IS MPH
3400 0.
ROW
ROW
DETAIL A SE CORNER
>It
DETAIL A NW CORNER
ROW
ROW
GRAPHIC SCALE IN FEET
0 50 100 200
HULEN ST.
POSTED SPEED: 35 MPH
3100 SLR
DETAIL A NE CORNER
PROJECT SPECIFIC EXHIBIT
HULEN STREET AT DIAZ AVENUE
CJ:011 ardNeockike, W. 1