HomeMy WebLinkAboutContract 47190-FP1Departmjntof TPW Const. Services
DOE# ' Date
Project ManagerJaa r;
Risk Management J. Barksdale _
D.O.E. Brotherton%�•��i
CFAtes er .� . n/Scanned r-
s
The Procccdiing people have been Contacted concerning the request
for final payment & have released this project for such payment.
Clearance Conducted By Etta Bacy
•
)RT WORTH. CTt! �F`7 00- fei
tTATION AND PUBLIC WORKS
OF PROJECT COMPLETION
D.O.E. Ns: 7296
CO2 3.67
Regarding contract 117296 for WATER, SEWER & PAVING TO SERVE WALMART STORE 7251-00as r 7/1�1
as requned
by the TRANSPORTATION AND PUBLIC WORKS DEPARTMENT as approved b y City Council � � on N/A
through M&C N/A the director of the TRANSPORTATION AND PUBLIC WORKS DEPARTMENT upon the
recommendation of the Assistant Director of the Transportation & Public Works the Department has accepted r
p pproject
as complete.
Original Contract Prices:
Amount of Approved Change Orders:
Revised Contract Anlount:
Total Cost Work Completed:
Less Deductions:
Liquidated Damages:
Pavement Deficiencies:
Total Deduction Amount:
Total Cost Work Completed:
Less Previous Payments:
Final P yme $25,123.55
re/c
Recommen' e for Acceptance Date
Ass . 'irect r, TPW - Infrastructure Design and Construction
2M Scant)/ /4
$25,123.55
$25,123.55
$25,123.55
$0.00
$25,123.55
Ns
Days @ $210.00/ Day
Accepted /J
Director,
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
• •
Asst. City Manager
Comments:
2Th�A ILED
AUG „9 ?AID
•
f/t//1
Date
Date
nPPICIAL RECORD
CITY SECRETARY
FT. WORTh, TX
fr
•
•
i
FORT WORTH
CITY OF FORT WORTH
FINAL PAYMENT REQUEST
Contract Nante WATER, SEWER & PAVING TO SERVE WALMART STORE 11725 I -00
Contract Limits
Project Type PAVING IMPROVEMENT
City Project Numbers 02357
DOE Number 7296
Estimate Number 1 Payment Number 1 For Period Ending 7/15/2016
CD
City Secretary Contract Number 117296 Contract Time 22CD
Contract Date 7/22/2015 Days Charged to Date 218
Project Manager Jaafari Contract is 100.00 Complete
Contractor MYCON GENERAL CONTRACTORS
208 E LOUISIANA STE 200
MCKINNEY , TX 75069
Inspectors RODGERS / DAVILLA
Monday, July 18, 2016
Page 1 of 4
iii
City Project Numbers 02357
Contract Name WATER, SEWER & PAVING TO SERVE WALMART STORE #7251-00
Contract Limits
Project Type PAVING IMPROVEMENT
Project Funding
UNIT III: PAVING IMPROVEMENTS
Item
No.
1 9' CONCRETE PAVEMENT
2 6" CONCRETE DRIVEWAY
3 6" LIME TREATMENT
4 6" CONCETE CURB AND GUTTER
5 LANE LEGEND ARROW
6 8" SLD PVMT MARKING TAP (W)
7 REFL RAISED MARKER TY L-C
Description of Items
Monday, July 18, 2016
Estimated
Quanity
513 SY
3575 SF
988 SY
350 LF
2 EA
190 LF
Unit
6 EA
Sub -Total of Previous Unit
Unit Cost
$4.95
$3.18
$5.15
$13.75
$250.00
$3.50
$25.00
DOE Number
Estimate Number
Payment Number
For Period Ending
Estimated
Total
$2,539.35
$11,368.50
$5,088.20
$4,812.50
$500.00
$665.00
$150.00
$25,123,55
7296
1
1
7/15/2016
Completed Completed
Quanity Total
513 $2,539.35
3575 $11,368.50
988 $5,088.20
350 $4,812.50
2 $500.00
I90 $665.00
6 $150.00
$25,123 55
Page 2 of 4
C
City Project Numbers 02357
Contract Name
Contract Limits
Project Type
Project Funding
DOE Number
WATER, SEWER & PAVING TO SERVE WALMART STORE 117251-00 Estimate Number
Payment Number
PAVING IMPROVEMENT For Period Ending
Contract Information Summary
Original Contract Amount
Change Orders
Wates4—a--------- Date
ct.r
Inspec ion Supervisor
(4ac..
Project Manager
1
A
7/4, /ll
Date 7/2e3(201fr
Date 4( i IIG
Date fc-f4
or/TPW - Infrastructure Design and Construction
Date R/?/7L
DirectoContracting Departnu
t
Monday, July 18, 2016
$25,123.55
Total Contract Price $25,123.55
Total Cost of Work Completed
Less % Retained
Net Earned
Earned This Period
Retainage This Period
$25,123.55
$0.00
Less Liquidated Damages
Days a / Day
LessPavement Deficiency
Less Penalty
Less Previous Payment
Plus Material on Hand Less 15%
Balance Due This Payment
7296
1
1
7/15/2016
$25,123.55
$0.00
$25,123.55
$0.00
$0.00
$0.00
$0.00
$0.00
$25,123.55
Page 3 of 4
City Project Numbers 02357
Contract Name
Contract Limits
Project Type
Project Funding
DOE Number
WATER, SEWER & PAVING TO SERVE WALMART STORE #725I-00 Estimate Number
Payment Number
PAVING IMPROVEMENT For Period Ending
Project Manager Jaafari
Inspectors RODGERS / DAVILLA
Contractor MYCON GENERAL CONTRACTORS
208 E LOUISIANA STE 200
MCKINNEY, TX
Line Fund Account Center
Monday, July 18, 2016
City Secretary Contract Number
Contract Date
Contract Time
Days Charged to Date
75069 Contract is .000000
CITY OF FORT WORTH
SUMMARY OF CHARGES
Amount
Funded
Gross Retainage
Total Cost of Work Completed
Less
Earned This Period
Retainage This Period
% Retained
Net Earned
$25,123.55
$0.00
Less Liquidated Damages
0 Days @ $0.00 / Day
LessPavement Deficiency
Less Penalty
Less Previous Payment
Plus Material on Hand Less 15%
Balance Due This Payment
7296
1
1
7/15/2016
117296
7/22/2015
220 CD
218 CD
Complete
Net
$25,123.55
$0.00
$25,123.55
$0.00
$0.00
$0.00
$0.00
$0.00
$25,123.55
Page 4 of 4
CONSENT OF
StIRE'i'1' COMPANY
TO FINAL PAYMENT
AIA 1)OCiIn1::N•I• 0707
PROJECT:
I nanx', address)
Owner
Architect
Contractor
Surety
Other
$183,181.90 - Wal-Mart Fort Worth;
Project 117251 - Public Works Portion Only,
TO: (owner)
Wal-Mart Stores, Inc.
2001 S. E. 10th Street
Bentonville, AR 72716
CONTRACTOR:
Mycon General Contractors, Inc.
208 E. Louisiana #200
McKinney, TX 75069
Bond # 4203010
ARCHITECT'S P R O J E C.'' I' NO:
CONTRACT FOR: Construction
(N)N'•i'RAC"I' DATE: 7/22/2015
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
Westfield Insurance Company
555 Republic Dr, #450
Plano, Texas 75074
on hold of (here insert name and address Of C'otitruclnr)
Mycon General Contractors, Inc.
208 E. Louisiana #200
McKinney, Texas 75069
,ST1RETY COMPANY
,CONTRACTOR,
hereby approves al' the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety Company of any of its obligations to (lwre instil name and address of Owner)
Wal-Mart Stores, Inc.
2001 S. E. 1Otit Street
Bentonville, Arkansas 72716
as set I i tli in the said Surety Company's bond.
IN Wa1E33 WHEREOF,
the Surety Company has hereunto sct its hand this
•
9th day of
Jttne
Surety Company
Westl%IkI Insurance Con
,OWNER,
Sitnai� of Autliknizefltitcprese dike
Dawn Davis - Attorney -In -Fact
title
•
2016
___;•• 1 .
..
•
`
• ♦ -_
•
•
•
NOTE: '1shis form is to by used as u companion document to Alr\ DOCUMENT (17(16, C7U1s1'Itr1C'TOIt'ti AFFIDAVIT OF PAYMENT'OF ay!, ,K"
..•
ti
•
•.
•
L) AVI S AND CLAIMS, Current iidition
AIA DOCUMENT 0707•CONSUN] Ol: SURETY COMPANY TO FINAL 1'AYM-il NT•APR11. 1970 Ei)ITIOtc•AIAW
PAGE
4:1970•TI IF. AM1 RICAN INS*1.17 L II', AIRCI IITL•C TS. 1735 NEW YORK. AVE., NW, \\'ASI I1NQ'1'()v, D.C. 20006
OM:*
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER // AND ISSUED PRIOR TO O6/27/14, FOR ANY PERSON OR PERSONS NAMED BELOW.
General
Power
of Attorney
CERTIFIED COPY
POWER NO. 4220072 02
Westfield insurance Co.
Westfield National insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHiO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
JOHN D, FULKERSON, TOM P. ELLIS, Ut, DONNiE D. DOAN, KAE PERDUE, DEBBiE SMITH, KRISTI MEEK, DAWN
DAVIS, WALTER J. DELAROSA, JOINTLY OR SEVERALLY
of DALLAS
place and stead,
suretyship- - - -
to execute,
and State of TX its true and lawful Attorney(s)•in-Fact, with full power and authority hereby conferred in its name,
acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
sealofthe applicable Company and duly attested by itsSecretary,Secretaryy, hereby ratifyingg and confirming all that the said Attorney(s)-in-Fact may do in
the WESTFIELD INSURANSald CpE COMPANY, WESTFIELD NATt is made under and IONALautINSURANCE COMPANY and OHIO FARMERS resolution pINSURthe ANCE COMPANY:
COMPANY of each of the
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in•Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
delver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
not ces and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and anypower of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 0. 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 27th day of JUNE A.D., 2014 .
„mom
°gCorporate StiRAAfx}....,,
�Afixedtrlaw 0
t W = SEAL '
. fin '. �' 'It a.
State of Ohio
County of Medina ss,;
Ff„nni I t...
• -(toi4 Ai. jjj,.
$ p�'C SEAL T 'SGp'z
`�t SEAL grn c
ioT
....... tit
• ',t? *nn'''''
In
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(?7t flttfi&
al
a% 184E •
lag•
"""'"'/nij, WESTFIELD INSURANCE COMPANY
14M3(! WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
By.
Dennis P. Baus, National Surety Leader and
Senior Executive
On this 27th day of JUNE A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seats of saki Companies; that the seats affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal
Affixed
088,1,88,888,
41
r00 ipco A
\11ljsF`t
•
State of Ohio E N 1 185�7
County of Medina ss.:'�'��•';
• 4 7.ef'p U•
David A, Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors. set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 9th day of
June yHA °s,,,,?,0'1:y ;`.' ,t,, n,,,,,,,
.N •Si1;IL7 m:
%1 _ ,Q ;
� .;;,
Frank A. Carrino, Secretary
Secretary
AFFIDAVIT
STATE OF Texas
COUNTY OF Collin
Before me, the undersigned authority, a notary public in the state
and county aforesaid, on this day personally appeared Doug Talley,
President Of MYCON General Contractors, Inc., known to me to be a
credible person, who being by me duly sworn, upon his oath deposed and
said;
That all persons, firms, associations, corporations, or other
organizations furnishing labor and/or materials have been paid in full;
That the wage scale established by the City Council in the City of
Fort Worth has been paid in full;
That there are no claims pending for personal injury and/or
property damages;
On Contract described as;
Walmart Fort Worth #7251 Public Works
ra—aessie'
Doug Tally, President
Subscribed and sworn before me on this date 9th of June, 2016.
�`�►� �;1'y, STACEE SHRAUNER
it 'r t.f1
41
liIlill'
Notary Public, State o1 Texas
My Commission Expires
November 16, 2018
FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
CONTRACTOR'S EVALUATION OF CITY
I) PROJECT INFORMATION
Nance of Contractor
MyCon General Contractors
DOE Inspector
Edward Davila
DOE Number Project Difficulty
7296 0 Simple ® Routine 0 Complex
Initial Contract Amount
$25,123,55
II) PERFORMANCE EVALUATION
0 - Inadequate
ELEMENT
1 - Deficient 2 - Standard
INSPECTION EVALUATION
1 Availability of Inspector
2 Knowledge of Inspector
3 Accuracy of Measured Quantities
4 Display Of Professionalism
5 Citizen Complaint Resolution
6 Performance - Setting up Valve Crews, Labs
ADMINISTRATION
1 Change Order Processing Time
2 Timliness of Contractor Payments
3 Bid Opening to Pre -Con Meeting Timeframe
III) COMMENTS & SIGNATURES
COMMENTS
Signature Contractor
Signature DOE Inspector
Signature DOE Inspector's Supervisor
INSPECTOR'S COMMENTS
Date: J7/19/2016
Project Name
Water and Sewer to Serve Wal Mart #7251
Project Manager
Jaafari
Type of Corn; act
Water Waste Water [✓] Storm Drainag
Final Contract Amount
$25,123.55
3 - Good 4 - Excellent
RATING ELEMENT
(0 - 4)
Li
t!
PLANS & SPECIFICATIONS
1 Accuracy of Plans to Existing Conditions
2 Clarity & Sufficiency of Details
3 Applicability of Specifications
4 Accuracy of Plan Quantities
PROJECT MANAGER EVALUATION
1 Knowledge And/Or Problem Resolution
2 Availability of Project Manager
e, 3 Communication
a 4 Resolution of Utility Conflicts
2.
TRANSPORTATION AND PUBLIC WORKS
The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311
(817) 392 - 7941 a Fax: (817) 392 - 7845
REV: 02/22/07
Pavement
RATING
(0 - 4)
a
giQg
FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
PERFORMANCE EVALUATION OF CONTRACTOR
I) CONTRACTOR & PROJECT DATA
Name of Contractor
Mycon General Contractors
DOE Inspector
Edward Davila
!DOE Inspector
Water ❑ Waste Water Storm Drainage{ si
1
Initial Contract Amount
$25,123.55
Final Contract Amount
$25,123.55
Project Name
Water Sewer to Serve Wal Mart #7251
DOE Number
7296
Project Manager
Pavement Jafaari
Project Difficulty
0 Simple O Routine
Date
7/19/2016
II) PERFORMANCE EVALUATION
10 - Inadequate 1 - Deficient 2 - Standard 3 - Good 4 - Excellent
(ELEMENT
1 Submission of Documents
2 Public Notifications
3 Plans on Site
14 Field Supervision
15 Work Performed
16 Finished Product
7 Job Site Safety
8 Traffic Control Maintenance
9 Daily Clean Up
10 Citizen's Complaint Resolution
11 Property Restoration
112 After Hours Response
113 Project Completion
WEIGHT ( x) APPLICABLE (Y / N) RATING (0 - 4)
2 Y
5 Y
5 Y
15 Y
15
15
15
15
5
5
5
5
5 Y
1
Y
Y
Y
Y
Y
Y
Y
Y
3
3
4
4
4
4
4
3
3
4
3
3
3
REV: 02/20/07
0 Complex
MAX SCORE SCORE
8
20
20
60
60
60
60
60
20
20
20
20
20
6
15
20
60
60
60
60
45
15
20
15
15
15
TOTAL ELEMENT SCORE (A) 406
BONUS POINTS (25 Maximum) (B)
TOTAL SCORE (TS) 406
III) CONTRACTOR'S RATING
Maximum Score (MS) = 448 or sum of applicable element score maximums which = 448
Rating ( [TS / MS] * 100%) 406 / 448 = 91%
Performance Category Excellent
<20% = Inadequate 20% to <40% = Deficient 40% to <60% = Standard 60% to <80% — Good >_80% — Excellent
Inspector's Comments (INCLUDING EXPLANATION OF BONUS POINTS AWARDED)
Signature DOE Inspector
Signature DOE Inspector's Supervisor
CONTRACTOR'S COMMENTS
Signature Contractor
TRANSPORTATION AND PUBLIC WORKS
The City of Fort Worth • 1000 Throckmorton Street • Fort Worth, TX 76012-6311
(817) 392 - 7941 • Fax: (817) 392 - 7845
•
'STATEMENT('
FINAL STATEMENT#
NAME OF PROJECT:
IYEAR:1 2016
PROJECT NO.:
I#02357
(PERIOD FROM:
I 7/1/2016 ITO: 17/15/2016 I BEG - Month I
I WORK ORDER EFFECTIVE:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
DAY OF MONTH
Fri
Sat
Sun
Mon
Tuc
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
NA
Not Applicable
THIS PERIOD
PREVIOUS PERIOD
TOTAL TO DATE
i
I 1112/2015 I BEG (y l n) I Y I MID (y / n)
DAYS REASON FOR
CHARGED DAYS CREDITED
1
1
1
Al
1
1
1
1
1
1
1
1
1
1
1
R`l
1
SAT,SUN,and
HOLIDAYS
0
0
REMARKS:
Punch list items were completed 6-24-16.
lignature:
(Print Name)
CONTRACTOR
ciatles.
410 & J Tv cEy
it Ai cier•Atexiic ribs area- DATE
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
WEATHER
0
0
1
r
DAY OF MONTH
Fri
Sat
Sun
Mon
Tue
tiVari
Thu
Fri
Sat
Sun
Mon
Tue
Wed
UTILITIES
RELOCATE
0
0
Signature
I (Print Name
7 /t / // ` !INSPECTOR
rwt a
OTTERS
0
0
0
FORTWORTH®
TRANSPORTATION AND PUBLIC WORKS
STATEMENT OF CONTRACT TIME
1
Water,Sewer,Starm,Paving to Serve Wal Mart #7251
I
DOE I 7296
Contractor 1 Mycon
FINAL INSPECTION DATE
I CONTRACT TIME I 220
I WD CD 1 X
I DEVELOPMEN1J
n
1
)I Y
99.1%
DAYS REASON FOR
CHARGED DAYS CREDITED
DAYS TOTAL DAYS
CHARGED
15 15
203 203
218 + 218
I 6/20/2016 j
1
DATE z. 42.'-•1 I4
STATEMENT,/
FINAL STATEMENT#
NAME OF PROJECT:
YEAR:J 2016
PROJECT NO.:
FORT WORTH®
TRANSPORTATION AND PUBLIC WORKS
STATEMENT OF CONTRACT TIME
i
Water,Sewer,Storm,Paving to Serve Wal Mart #7251
i
r02357
'PERIOD FROM:
7H/2016
WORK ORDER EFFECTIVE:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
DAY OF MONTH
-
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
DAYS
°JAWED
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
TO: 17/15/201 6 I BEG
1/12/2015
1
REASON FOR
DAYS CREDITED
Wkn & Hol
BEG S//►,
DOE I 7296
Contractor I Mycon
FINAL WSPECTION DATE � 6120/2016
JWD CD
CONTRACT TIME I 220 � _ _ � X
- Month I
I DEVELOPAIEN1 (V / N)
1
Y
y I MID (y / n) I n I 99.1%
DAY OF MONTH
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
I 31
W0 a
Fri
Sat
Sun
Mon
Tue
Wed
Thu
Fri
Sat
Sun
Mon
Tue
Wed
Utl Otfi
Not Applicable
THIS PERIOD
PREVIOUS PERIOD
TOTAL TO DATE
REMARKS:
SAT,SUN,and
HOLIDAYS
0
WEATHER
0
UTILITIES OTHERS
RELOCATE
0
DAYS REASON FOR
CHARGED DAYS LieueI,1. L,.,
DAYS TOTAL DAYS
CHARGED
0 15 15
0
Punch list items were completed 6-24-16.
0
0
0 203 203
0
Signature: ic a
udaecesr
(Print Name) 1.1,4 yip eV tee
CONTRACTOR MIelm/ etergM[ CpA.•stet, itenio,t,S
Signature:
Signature:
DATE
INSPECTOR
218
218
•
1p
•
AeeS
(Print Name) /�� V j I EO/& fcr 4i? Jjt
2 /b
DATE 17
• A
its surety to ensure the contractor has paid any sub -contractors and suppliers in full.
Additionally, the contractor must also provide in writing that the contractor has been paid
in full by Developer for all the services provided under their 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 describe the Improvements and are incorporated herein:
Water (A) , Sewer (A-1) , Paving (B) , Storm Drain (B-1) ❑, Street Lights & Signs
(C)
■
X
X
E The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all Improvements 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 prequalified, insured, licensed
and bonded to do work in public streets and/or 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 Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements
valid for a period of two (2) years from the date of final acceptance 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
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 3 of 11
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 Certificate of Insurance (ACORD or other state -
approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give at least 48 hours' advance notice of intent to
commence construction to the City's Construction Services Division so that City
inspection personnel will be available; to require the contractor to allow the
construction to be subject to inspection at any and all times by City inspection
forces, to not 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 in order 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 shall provide, at its expense, all engineering drawings and documents necessary
to construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements contemplated 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.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 4 of 11
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 negligence of the City of
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.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 5 of 5
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 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 streethght 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
1. Developer shall complete the Improvements within two (2) years, provided,
however, if construction of the Improvements has started within the two year
period, the developer may request that the CFA be extended for one additional
year.
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 Improvements if at
the end of two (2) years from the date of this Agreement (and any extension
period) the Improvements 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 Improvements or to cause the payment of costs for
construction of same before the expiration of two (2) years if the Developer
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 6 of 11
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
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 7 of 11
Project Name: Walmart 7251
CFA No.: 2015-070
Cost Summary Sheet
DOE No.: 7296
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
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost 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. Signals Inspection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
Financial Guarantee Options, choose one
I Bond = 100%
'Completion Agreement = 100% / Holds Plat
(Cash Escrow Water/Sanitary Sewer= 125%
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07 30 2015
Page 8 of 11
Developer's Cost
68,499.16
89,559.26
158,058.42
25,123.55
25,123.55
$ 183,181.97
3,161.17
3,161.17
6,322.34
1,004.94
502.47
2,940.00
4,447.41
10,769.75
Amount
183,181.97
183,181.97
197,573.03
Choice
(Mark one)
ACCORDINGLY, 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 date executed by the City's City Manager or his/her designee.
CITY OF FORT WOR'II'H
Jes J. Chapa
Assistant City Manager
Date: /t2 39 'ea/ See-
Recommended by:
Wendy Chi- abulal, EMBA, P.E.
Development Engineering Manager
Water Department
DouWiersig, P.E.
DireciA
Transportation & Public Works Department
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. it// 3
Date:
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 9 of 11
BEVEL PER
Walmart Real Estate Business Trust
Name: Michael Allen
Title: Director of Project Design and
Management
Date:
20 (6
ATTEST: (Only if required by Developer)
Signature
Name:
ATTEST:
Mary J. ii : s-r
City Secretary
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
0
0
■
0
Attachment
Attachment 1 - Changes to Standard Community Facilities Agreement
Location Map
Exhibit A: Water Improvments
Water Cost Estimate
Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 10 of 11
ATTACHMENT "1"
Changes to Standard Agreement
Community Facilities Agreement
City Project No. 02357
Paragraph L is hereby revised to read as follows:
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, its 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, its contractors, sub -contractors, officers, agents or employees.
City of Fort Worth, Texas
Standard Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 11 of 11
Altamesa Blvd
THE CrrY OF FOR i
COST LXHIBITS
FUBLIC IMPROVLMENTS I SI RVIT
WALMART STORI_: 7251
•
-
PROJ ECT
LOCATION
•
Trail Lake Estates
cs,
AA
svc
mote SCP?00, Rd
SITE LOCATION MAP
N.T.S.
FORT NORTH
Alicia Dr
gs
i .t
3,
a0.
nak
•
Neresr 134
Fox#iye WaY
telf
s *,,
trIA
,der Way
4t
•
Frei
t
Columbus Trait
Stone Ficver Trail
wvk
•
•
*Horn
!Paving Improvements
Item No. (Item Description
1
2
3
4
5
6
7
3213.0204
3213.0401
3211.0501
3216.0101
3217.1002
3217.0203
3217.2102
9" Concrete Pavement
6" Concrete Driveway
6" Lime Treatment
6" Concrete Curb and Gutter
Lane Legend Arrow
8" SLD Pvmt Marking Tape (W)
REFL Raised Marker TY I-C
Basis for Cost Projection:
■
No Design Completed
Preliminary Design
Final Design
Walmart#7251-00 Summer Creek Station
Paving Estimate
Specification Section I Unit
No.
32 13 13
32 13 20
32 11 33
32 16 13
32 17 23
23 17 23
132 17 23
1
Quantity
SY 513
SF 3575
SY 988
LF 350
EA 2
LF 190
EA 6
Unit Price Cost
$ 4.951 $
$ 3.18 $
$ 5.15 $
$ 13.75 $
$ 250.00 $
$ 3.50 $
$ 25.001 $
Total: I $
2,539.35
11, 368.50
5,088.20
4,812.50
500.00
665.00
150.00
25,123,55
5
E
en athedzaUdn and adaptation h
Ich It vas prepared. Rama of and Improper rem
ne an Instrument of
Ns document, together with
PROPOSED CONCRETE
DRIVEWAY
PROPOSED CONCRETE
DRIVEWAY
SCALE: 1"-100'
Kimley») Horn
PROPOSED CONCRETE
DRIVEWAY
PROPOSED CONCRETE
PAVEMENT
)
PROPOSED CONCRETE
DRIVEWAY
STORE NUMBER 7251-00
PROTO LCi1 (RX-R)
GROSS UNMAKE AREA 8F. 41,117
BUILDING AREAS.F.=4 ,J60
TOLL BULDING AREA 8P •41,957
P.M • 604.00'
EXHIBIT B: PAVING IMPROVEMENTS
WALMART STORE #7251
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7111
9j119, 993 991 91 I, 96741,1991,19,999 9.991 99 9 .9,1 I9,39 I! 199 .999d 9199.911 ,1,9 P9.019 9 99,9,PU dbrp pu qnalluawn,
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jWater Improvements
Item No. I Item Description
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Walmart #7251-00 Summer Creek Station
Water Estimate
Specification Section
No.
Unit Quantity
(
Unit Price
3312.0106 Connection to Existing 16" Water Main
3312.0117 Connection to Existing 4" - 12" Water Main
3312.4112 16" x 8" Taping Sleeve and Valve
3312.3003 8" Gate Valve
0241.1118 4" - 12" Pressure Plug
3312.3002 6" Gate Valve
3312.2801
3312.2103
3312.2003
3311.0051
3311.0251
3311.0161
3311.0261
3312.0001
3305.1102
3305.2002
3" Water Meter and Vault
1 1 /2" Water Service
1" Water Service
4" DIP Water
8" DIP Water
6" PVC Water Pipe
8" PVC Water Pipe
Fire Hydrant
16" Casing by Other Than
8" Water Carrier Pipe
Open Cut
3311.0001 Ductile Iron Fittings w/ Restraint
3305.0109 Trench Safety
Basis for Cost Projection:
es
No Design Completed
Preliminary Design
Final Design
33 05 10
33 12 25
33 12 25
33 12 20
02 41 14
33 12 20
331211
33 12 10
33 12 10
33 11 10
33 11 10
33 11 12
33 11 12
33 12 40
33 05 22
33 05 24
33 11 11
33 05 10
IEA
EA
EA
EA
EA
EA
EA
EA
EA
LF
LF
LF
LF
EA
LF
LF
TN
LF
1
2
1
1
3
1
1
1
1
8
36
16
65
1
35
35
0.3
136
6,486.00 $
2,496.00 $
6,486.00 $
3,896.00 $
541.00 $
1,362.00
13,134.00
2,934.00
2,115.00
110.35
52.21
33.20
56.59
3,724.00
335.34
57.21
3,000.00
1.00
Total:
Cost
6,486.00
4,992.00
6,486.00
3,896.00
1,623.00
1,362.00
13,134.00
2,934.00
2,115.00
882.80
1,879.56
531.20
3,678.35
3,724.00
11,736.90
2,002.35
900.001
136.00
68,499.16
(Sanitary Sewer Improvements
Item No. 'Item Description
1 3331.4102 4" Sewer Pipe, CSS backfill
2 3331.4109 6" Sewer Pipe, CSS backfill
3 3331.4116
4 3305.0113
5 3339.1001
6 3339.1002
7
8
9
10
11
3339.0001
3331.3102
3331.3202
3305.3002
3305.1102
Wa!mart #7251-00 Summer Creek Station
Sewer Estimate 11
8" Sewer Pipe, CSS backfill
Trench Water Stops
4' Manhole
4' Extra Depth Manhole
Epoxy Manhole Liner
4" 2-Way Cleanout
6" 2-Way Cleanout
8" Sewer Carrier Pipe
16" Casing by Other Than Open Cut
12 3331.4119 8" DIP Sewer Pipe, CSS Backfill
13 3301.0002 Post -CCTV Inspection
14 3305.0109 Trench Safety
Basis for Cost Projection:
■
No Design Completed
Preliminary Design
Final Design
Specification Section I Unit
No.
33 11 10, 33 31 20 LF
33 11 10, 33 31 12
33 31 20
33 11 10, 33 31 12 LF
33 31 20
33 05 15 EA
33 39 10, 33 39 20 EA
LF
Quantity
37
20
Unit Price I Cost
$ 40.37 $ 1,493.69
$ 41.83 $ 836.60
232 $ 50.09 $ 11,620.88
2 $ 150.00 $
2 $ 3,170.00 I $
33 39 10, 33 39 20 VF 25 $ 535.00 $
33 39 60
33 31 50
33 31 50
33 05 24
33 05 24
33 11 10, 33 31 12,
33 31 20
33 01 31
33 05 10
1
VF I 34
EA I 2
EA I 1
LF ( 123
LF I 123
LF 35
LF I 252
LF I 252
$ 50.00 $
$ 752.00 $
$ 812.00 $
$ 90.70 $
$ 298.79 $
$ 85.70 $
300.00
6,340.00
13,375.00
1,700.00
1,504.00
812.00
11,156.10
36,751.17
2,999.50
$ 1.66 $ 418.32
$ 1.00 $ 252.00
Total: VV $ 89,559.26