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HomeMy WebLinkAboutContract 43926GOVERNMENTAL ENTITY COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract Na �I � z/u WHEREAS, the undersigned Governmental Entity, ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project"), an addition to the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this "Agreement" in connection with the Improvements. Developer Information: Developer Name: Tarrant Regional Water District Address, State, Zip Code: 800 E. Northside Drive Fort Worth, Texas 76102 Phone, E-Mail: 817-335-2491/ jim.oliver@trwd.com Authorized Signatory/Title: James M. Oliver, General Manager Project Name: TRWD Water Line Relocation Project Location: Fort Worth Texas- Fruhwirth Addition Plat Case No.: N/A Plat Name: N/A Mapsco: 62R Council District: 9 City Project No: 01979 CFA: 2012-065 DOE: 6906 To be completed by staff Received by: Date: OFkU©LJAL REC©RD) I ©!TY SECRETARY '®FORM, TX 1 1 1-27-1 2 P03: 1 IN 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 or by providing written certification from the Developer's Chief Financial Officer (or equivalent position regardless of title) that the Developer (governmental entity) has appropriated sufficient funds to pay its contractor for all work to be performed under this Agreement. Developer recognizes that there shall be no reduction in any financial security held by the City until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires it 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) X , Sewer (A- 1) _; Paving (B) _; Storm Drain (B-1) _; Street Lights & Signs (C) _. E. If there is City financial participation in the Project, the Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy, subject to any limitations in Texas Local Government Code Chapter 212, Subchapter C, or under statutes governing Developer's award of public works contracts. The contracts for the construction of the public infrastructure 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 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. 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. City shall not be responsible for any costs that may be incurred for the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. I. Developer agrees that the City shall not be responsible for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement and hereby releases the City from same. J. 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. K. Developer will 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 iniuries, 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. L. 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. M. 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. iv. Developer shall pay in cash the total cost of street signs. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Cost Summary Sheet Project Name: TRWD Water Line Relocation CFA No.:2012-065 DOE No.: 6906 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 Construction 2. Sewer Construction Water and Sewer Construction Total $ 19, 200.00 $ 19, 200.00 B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights - Installed by Developer TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): OMB $ 19,200.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 384.00 D. Water/Sewer Material Testing Fee (2%) $ 384.00 Sub -Total for Water Construction Fees $ 768.00 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 $ IMF On Total Construction Fees: $ 768.00 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 19,200.00 Completion Agreement = 100% / Holds Plat $ 19,200.00 Cash Escrow Water/Sanitary Sewer= 125% $ 24,000.00 Cash Escrow Paving/Storm Drain r= 125% $ Letter of Credit = 125% w/2yr expiration period $ 24,000.00 Set Aside Letter N/A X 6 IN TESTIMONY WHEREOF, the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the last date executed. CITY OF FORT WORTH 5--As.„‘‘,ze. Fernando Costa Assistant City Manager Date: I 24,,Ade— Recommended by: Water Department S Frank Crumb, P.E. Director, Water Department A sproved art F• rm & Legality: Douglas W. Black Assistant City Attorney ATTEST: Mary J. Kayser City Secretary ,�q� �oi��,24a A,a Otoo000oo:&N 000000 47 *4 ?SicAS •sce DEVELOPER Tarrant ' -gional, r District Name: James1M.Oliver Title: General Man ger Name: Date: Tisansportation & Public Works Department Douglas Director CI LJ Wiersig, P.E. M&C No. VA Date: ATTEST: (if required) Governmental Entity OFFICIAL RECORD CITY SECRETARY rt WORTH, TX The Checked Must be Included as Attachments to this Agreement Included X X X MI C il 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 Blank) 8 FOTW T THE CITY OF FORT WORTH, TEXAS COST EXHIBITS TRWD WATER RELOCATION LOCATION MAP N.T.S. shaping the built environment JASTER-QUINTANILLA DALLAS, LIP 2105 COMMERCE STREET DAUAS, TEXAS 75201 214.752.9098 JQENG.COM W p JQ10B NO 4120785 TBPE FIRM F-1294 EXISTING 8" WATER TO BE A PRIVATE PCONVERTED LINE DOUBLE CHECK DETECTOR CHECK INSTALLATION (PRIVATE COST) EXISTING 8" WATER TO BE ABANDONED • a5Z-sue7. 3_2" WATER SERVICES INSTALLATION (CITY COST) EXHIBIT A: TRWD WATER RELOCATION PLUG WATER LINE `�\ (CITY COST) \ • z 1 inch = 150 ft. shapingthe built environment !ASTER-QUINTANILLA DALLAS, LLP 2105 COMMERCE STREET 214.752.9098 JQJOB NO:4120785 DALLAS,'TEXAS 75201 JQENG.COM TBPE FIRM F-1294 i Furnish and install, including all appurtenant work, complete in place, the following items: CPMS RECORD NUMBER l i APPROX. QTY. UNITS EA 2 1 EA 3 5 3 I LS CPMS NAME UNIT Description of Items with Bid Prices Written in PRICE Words 8" Plugs Dollars and Cents 8" Pressure Plugs Dollars and Cents EA 2" Water Meter W/ Box Per Each Dollars and Cents TON Ductile Iron Water Fittings Per Ton Dollars and Cents Erosion Control Per Lump Sum Dollars and Cents ?So 35oo ,loon to TOTAL AMOUNT 1 o BID SUMMARY TOTAL AMOUNT BID WATER $ / e4 2o0 GRAND TQTAL AMOUNT BID $ / 9, 2 0 04- Updated: 8/02/2012