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HomeMy WebLinkAboutContract 43016COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. �4 3 o k (-o 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: Southwest Christian School Authorized Signatory: Steve Hawkins Title: President Project Name: Lot 1, Block 1, Southwest Christian Addition Project Location: 7001 Benbrook Lake Drive Additional Streets: N/A Plat Case No.: FS -011 -085 Plat Name: Southwest Christian Addition Mapsco: 101 D Council District: Partially #3 City Project No: 01777 CFA: 2011 -056 DOE: 6710 To be completed by )tarf) : 3// Received by: L �1/t�fi Date: ORO OFF Y CITY �ECR�TA� ��. YVORT�• 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 Il, 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)X, Sewer (A -1) X, Paving (B) X Storm Drain (B -1) _X_, Street Lights & Signs (C) X E. 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 Il, of the Policy. Combined CFA final Scpt 12. 2008 2 F. For all infrastructure included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: L 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 laboraton. tests of materials being used as may be required by the City. v. To require its contractor to have tully 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 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 DFVFI.OPFR. 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 ne &iQence of the ON of Combined CFA final Sept 12. 2008 4 Fort Worth, its officers, servants, or employees. A 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 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 tour 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 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 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 ect Name: Lot 1, Block 1, Southwest Christian Addition CFA No.: 2011 -056 DOE No.: 6710 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. 7 Items $ 239 357.50 Developer's Cost A. Water and Sewer Construction $ 239,357.50 1. Water Construction $ 65,285.00 2. Sewer Construction $ 22,145.00 Water and Sewer Construction Total $ 87,430.00 B. TPW Construction 1. Street $ 80,497.50 2. Storm Drain $ 38,000.00 3. Street Lights Installed by Developer $ 33,430.00 TPW Construction Cost Sub -Total $ 151,927.50 Total Construction Cost (excluding the fees): $ 239,357.50 Construction Fees: C. Water /Sewer Inspection Fee (2 %) $ 1,748.60 D. Water /Sewer Material Testing Fee (2 %) $ 1,748.60 Sub -Total for Water Construction Fees $ 3,497.20 E. TPW Inspection Fee (4 %) $ 4,739.90 F. TPW Material Testing (2 %) $ 2,369.95 G. Street Light Inspsection Cost $ 1,337.20 H. Street Signs Installation Cost $ - Sub -Total for TPW Construction Fees $ 8,447.05 Total Construction Fees: $ 11,944.25 Choice A.n nI /r4 Wool Bond = 100% $ 239 357.50 Completion Agreement = 100% / Holds Plat $ 239,357.50 Cash Escrow Water/Sanitary Sewer= 125% $ 109,287.50 Cash Escrow Paving/Storm Drain = 125% $ 189 909.38 Letter of Credit = 125% w/2 r expiration period $ 299,196.88 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 M a( jA 20 1 D� . CITY OF FORT WORTH - Recommended hv: Water Department Combined CFA final Sept 12. 2008 8 Transportation & Public Works Department 4 �--�� Wendy Chi- Babulal, BA,E. Development Engineering Manager Approved as to Form & Legality: ZkQ7 Douglas . Black Assistant City Attorney M&C No V ATTEST: Mary J. Ka e City Secret NO M &C ATTEST: i Signature (Print) Name: Kasen 5 %14 Ghl df F, AONAdat 0WOL, l �j , Douglas t Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa Assistant City Manager Southwest Christian ;Ich�l Signature Print Name: Steve Hawkins E Title: President F-- F ICIF L 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 X Location Map X Exhibit A: Water Improvements X Water Estimate X Exhibit A -1: Sewer Improvements X Sewer Estimate X Exhibit B: Paving Improvements X Paving Estimate X Exhibit B -1: Storm Drain Improvements X Storm Drain Estimate X Exhibit C: Street Lights and Signs Improvements X Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) Combined CFA final Sept 12, 2008 10 4 H rl, IN, L 7% E s 1 a E s ta Dirks R SUBJECT N AREA S NTS SUBJECT PROPERTY ADDRESS 7001 BENBROOK LAKE DRIVE FORT WORTH, TEXAS 76132 LOCATION MAP PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 CivilSolutions Inc Engineers Surveyors Planners P O. Box 100247, Fort Worth, Texas, 76185 (817) 423-0060 (817) 346-0520 Fax Texas Registered Engineering Firm F-7997 Texas Licensed Surveying Firm 100062-00 Copyright © 2011 CivilSolutions Inc 10-012 LEGEND 12" W -WATER LINE t- FIRE HYDRANT H - GATE VALVE LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION EXHt'BIT A 1 . ► a r 0 LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 PROPOSED 12" W/L it EXIST. 12" W/L CidilSoiutions Inc Engineers Surveyors Planners P 0. Box 100247, Fort Worth, Texas, 76185 (817) 423 -0060 (817) 346-0520 Fax Taxaa RagWered Engklaarft Finn F -7897 Texas Lwanaed Surw"ng Firm 100062-00 Copyright © 2011 CivilSolutions Inc 10 -012 CivilSolutions Inc Engineers Surveyors Planners Opinion of Probable Cost Project: Southwest Christian Addn Project No.: 11 -006 Owner: Southwest Christian School Prepared By: bb Subject: Water Facilities Date: 12/19/2011 Item Description I Quantity Unit Unit Price Amount 591 12" Water Line _ 1,050.00 L. F. 34.00 35,700 717__ 12" Gate Valves 4.00 Ea. 1,800.00 7,200 616 16" Water Line 5.00 L, F. 19.00 95 745 6" Gate Valve _ 1.00 Ea. 1,000.00 1,000 568 JFittings 1.00 Tons 3,000.00 3,000 443 Asphalt Pavement Repair 20.00 S.Y I 60.00 1,200 722 2" Air Release Valve 1.00 Ea. 4,000.00 4,000 546 Fire Hydrant with 6" Gate Valve 2.00, Ea. 3,200.00 6,400 372 Trench Safety 110.00 Ea. 1.00 110 758 _ _ _ 1" Water Service Copper 1.001 Ea. 2,500.00 2,500 362 1" Water Service Line 25.00 Ea. 20.00 500 Connect to Existing Water Line 1.00 Ea. 1,500.00 1,500 12" D.I. Pipe in lieu of PVC 40.00 Ea. 52.00 2,080 t7— Sub-Total Is 65,285 Contingencies } -- - - - Engineering- t Other' - Total $ 65,285 Page ' of 9 P O Box 100247 Fort Worth. Texas 76185 -0247 8" SS H N LEGEND 17h EXHIBIT A -1 SANITARY SEWER PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 CivilSolutions Inc Engineers Surveyors Planners P O Box 100247, Fort Worth, Texas, 76185 (817) 423 -0060 (817) 346 -0520 Fax Texas Registered Engineering Firm F -7997 'exas Licensed Surveying Firm 100062.00 Copyright © 2011 CivilSolutions Inc 10 -012 CivilSolutions Inc Engineers Surveyors Planners Opinion of Probable Cost Project: Southwest Christian Addn Project 1 11 -006 Owner: Southwest Christian School Prepared By: bb Subject: Sanitary Sewer Facilities Date: 12/19/2011 Item Description Quantity Unit ; Unit Price Amount 332 8" Sanitary Sewer at various depths 62.00 L. F. 50.00 3,100 213 4' Dia. Manhole to 6' in depth 2.00 Ea. 2,800.00 5,600 214 Extra Depth in 4' Dia. Manhole over 6' 14.00 VF 150.00 2,100 198 Collar Manhole -32 Inch -Frame and Cover 2.00 Ea. V. F. 250.00 500 211 Install Epoxy Coating in Manhole 4" Sanitary Sewer at various depths 21.00 130.00 _ 175.00 3,675 354 L. F. 22.00 2,860 217 Vacum Test for Manhole 2.00 Ea. 50.00 100 Connect to Existing Sewer 1.00 Ea. 1,200.00 1,200 201 _ Post Construction TV Inspection 62.00 L. F. 3.00 186 372 1 Trench Safety 62.00; L. F. 1 2.00 124 181 Traffic Control 1.001 1,500.00 1,500 443 Asphalt Pavement Repair 20.00 S.Y. 60.00 1,200 Sub -Total $ 22,145 - - - - - -- -- -- -- - -- -- _ Contingencies Engineering Other" - - — !Total f $ -- 22,145 Page 2 of 9 P 0 Box 100247 - on Wodh Texas ,76185 -0247 LEGEND ®— NEW PAVING SECTION N S 1" =200' EXHIBIT B PAVING PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 vv1vr--111N%J rvrX LEFT TURN LANE CivilSolutions Inc Engineers Surveyors Planners P O Box 100247 Fort Worth, Texas, 76185 (817)423 -0060 (817)346 -0520 Fax Texas Registered Engineering Firm F -7997 Texas Licensed Surveying Frm 100062 -00 Copyright © 2011 CivilSolutions Inc 10 -012 CivilSolutions Inc Engineers Surveyors Planners Opinion of Probable Cost Project: Southwest Christian Addition Project No.: Owner: f Southwest Christian School Prepared By: Subject: Paving Date: 11/29/2011 Item Description Quantity Unit Unit Price Amount 449 2" HMAC Surface (Type D) 970.00 SY 12.00 11,640 896 _ 8" HMAC Paving (Type B) 970.00 S Y. 36.00; 34,920 787 8" Lime Subgrade 1,595.00 SY. 2.501 3,988 797 Hydrated Lime (36 # /S.Y.) 29.00 Tons 1 150.00 4,350 744 6" TxDOT Road Base_ 625.00 S.Y. 12.00 7,500 134 Hydromulch 5,500.00 S.Y. 1.00 _ 5,500 505 Street Barricade 20.00 L. F. 75.00 1,500 Traffic Control 1.661 L. S. 1,500.00 1,500 126 Repair /Replace Wire Fence 550.00 L. F. 8.00 4,400 439 _ Stripping 1.00 L. S. 5,200.00 5,200 rSub-Total Contingencies Engineerin Other` ITotall $ 80,498 8,050 $ 88,547 Page 3 of 9 P 0 Box 100247 Fort Worth, Texas 76185 -0247 LEGEND LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION PROPOSED ROADSIDE DITCH EXHIBIT B-1 GRADING DRAINAGE PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 a f��j CivilSolutions Inc Engineers Surveyors Planners 71 (7) Rnx 1C)0247 FortWor1f, Texas 76185 '-123 -0060 1817) 146-0520 Fax —A, eeqNtww' F"g"'00—g ;tf' F -1991 Surveying F,-, 100062-00 Copyright @ 2C11 CivilSolutiors iric 10-012 CivilSolutions Inc Engineers Surveyors Planners Opinion of Probable Cost Project: JSouthwest Christian Addition Project No.: 11 -006 Owner: i Southwest Christian School Prepared By: bb Subject: Excavation /Grading Date: 12/19/2011 Item Description Quantity Unit Unit Price Amount 5010 Unclassified Excavatkion 4,000.00 C.Y. 6.00 24,000 5020 ; Clearing and Grubbing 1.00 L.-S. 14,000.00 14,000 i I Sub Total $ 38,000 Contingencies 'Engineering Other' Total $ 38,000 Page 5 of 9 P 0 Box 100247 Fort Worth, Texas 76185 -0247 N LEGEND 17h * — STREET LIGHT .■ 01 STREET LIGHTS PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 CivilSolutions Inc Engineers Surveyors Planners P O Box 100247, Fort Worth, Texas, 76185 (81 7) 423 -0060 (817) 346 -0520 Fax Texas Registered Engineering Firm F -7997 Texas Licensed Surveying Firm 100062 -00 Copyright © 2011 CivilSolutions Inc 10 -012 LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION EXHIBIT C -1 SIGNALS PROPOSED LOT 1, BLOCK 1, SOUTHWEST CHRISTIAN SCHOOL ADDITION DECEMBER, 2011 Copyright © 2011 CivilSolutions Inc _\0, SCHOOL SCHOOL E FLASHING WARNING SIGN SIGN S RELOCATE EXIST. SCHOOL WARNING AND SCHOOL ZONE FLASHING SIGN CivilSolutions Inc Engineers Surveyors Planners P O. Box 100247, Fort Worth, Texas, 76185 (817) 423 -0060 (817) 346 -0520 Fax Texas Registered Engineering Firm F -7997 Texas Licensed Surveying Finn 100062 -00 10 -012 CivilSolutions Inc Engineers Surveyors Planners Opinion of Probable Cost Project: Southwest Christian Addn---- Project No.: 11-006 Southwest Christian School Prepared By: bb 'Street Lights/Street Signs Date: Item Description Quantity Unit Unit Price Amount Signage 1.00 L. S. 2,500.00 2,500 Relocate School Zone Flasher & Sign 1.00 L. S. 5,500.00 5,500 965 Street Lights 3.00 Ea. 4,_000.00 12,000 382 i 2" P.V.C. Conduit Pull Boxes --9-1-5.00 7.00 L.F. 12.00 350.00 10,980 395 Ea. 2,450 Sub-Total 1$ Contingencies 33,430 Engineering Other* �-- Total $ 33,430 Page 4 of 9 PC Box 100247 Fort Worth Texas 76185-0247