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HomeMy WebLinkAboutContract 42712 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 1421 14 • WHEREAS, the undersigned "Developer" desires to make certain improvements to an addition to the CiTy of Fort Worth, Texas; and WHEREAS, the CiTy of Fort Worth, ahome-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas (the "CiTy"), has approved and desires to participate in Developer's CFA project described herein (the "Project") in accordance with this Agreement as presented by the Cost Summary Table and Exhibits hereto and authorized by City Council via M&C !3: on No V Ef 2011 of, and WHEREAS, the CiTy has requested the undersigned "Developer" to cause, and the Developer desires to cause, the design, permitting and construction of the Project for which the City will reimburse the Developer for the City's portion of the work after City's final acceptance of the public bid project in accordance with the Policy for the Installation of Community Facilities, Section H, as amended. Developer: Name: Stanley E. Davis, Vice President Company: Cook Children's Medical Center Project Name: / Avenue from West Terrell Avenue to West Rosedale Street, Cook Children's Medical Center Mapsco: 76L CFA: DOE: 6533 OFFICIAL RECORD CITY SENR�TARY FT, WORTH, TX 1 Council District: 9 City Project No. 01598 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, except as otherwise limited by or provided in this Agreement. 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 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 as described on the Exhibits attached hereto 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_; Sanitary Sewer (A-1) _X ; Paving (B) _X_; Storm Drain (B4) _X ; Street Lights and Signs (C) E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 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 prequalied to perform water/waste water constructi fon 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 (1000/n) 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 contactor 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 mains and service lines have been completed to the satisfaction of the Water Department, G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. Unless necessitated by the City's participation in this Agreement, City shall not be responsibIe for payment of 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. However, City will be responsible for the costs of utility relocation necessitated by the City's participation in this Agreement. 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. 0 M. The 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 anon -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 and further apportioned in the Cost Summary Table below 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. 5 iv. Developer shall pay in cash the total cost of street signs necessary for Developer's portion of the Project. 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, as evidenced by M&C 62 94 , approved 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. COST SUMMARY TABLE Developer Cost City Cost Total Cost Construction Costs 1. Water $ - $ 90,272.00 $ 901272.00 2. Sewer $ 16,503641 $ 86,023,95 $ 102,527036 Contingency 15% $ - $ 26,444.39 $ 26,444,39 Total Water and Sewer Construction $ 167503.41 $ 202,740.34 $ 219,243.75 Water & Sewer Inspection Fee 2% $ 330.07 $ 41054,81 $ 41384.88 Water & Sewer Material Testing Fee 2% $ 330.07 $ 49054.81 $ 41384,88 Total Water and Sewer Project Cost $ 17,163.55 $ 210,849.96 $ 228,013.51 3. Storm Drain $ 91710,27 $ 186,580.37 $ 196,290.64 Contingency 25% $ - $ 46,645009 $ 461645,09 Total Storm Drain Construction $ 91710627 $ 233,225,46 $ 242,935073 Storm Drain Inspection Fee 4% $ 388.41 $ 91329602 $ 91717643 Storm Drain Material Testing Fee 2% $ 194.21 $ 4,664.51 $ 41858,72 Total Storm Drain Project Cost $ %29189 $ 247,218.99 $ 2571511.88 Total Project Cost $ 271456A4 $ 458,068.95 $ 4855525.39 Water Cost Share: City Pays for 100% of the Cost Item # Description Qty Unit City Unit Price Total 1 12" Water Line 804 LF $ 38.00 $ 30,552.00 2 10" Water Line 20 LF $ 35.00 $ 700.00 3 8" Water Line 4 $ 30.00 $ 120.00 4 6" Water Line 5 $ 28.00 $ 140.00 5 12" Gate Valve 12 EA $ 1,587.00 $ 19,044.00 6 10" Gate Valve 1 EA $ 1,306.00 $ 11306.00 7 Fire Hydrant 1 EA $ 2,360.00 $ 21360.00 8 Fittings 2.1 TN $ 3,600.00 $ 71560.00 9 2" Water Service Temp. 560 LF $ 6.00 $ 3/360000 10 Traffic Control 833 LF $ 15.00 $ 12,495000 11 Temp. Pavmnt Repair 833 LF $ 10.00 $ 81330.00 12 Trench Safety 833 LF $ 1.00 $ 833.00 13 Mobilization $ 86,800.00 % 4% $ 31472.00 Total $ 90,272.00 7 Sewer Cost Share: City pays for 8-inch pipe, developer pays for 8"/12" pipe Item # Description Qty Unit City Unit Price Total 1 8" Sewer Line 743 LF $ 45.00 $ 33,435.00 2 6" Sewer Line 33 LF $ 35.00 $ 1,155.00 3 4' Standard Manhole 3 EA $ 2/340600 $ 7/020400 4 4' Standard Drop Manhole 3 EA $ 3,020.00 $ 9/060500 5 Additional Depth Standard MH 12 VF $ 148.00 $ 1,776.00 6 Additional Depth Drop MH 12 VF $ 257.00 $ 3,084.00 7 Interior Protective Coating Drop MH 30 VF $ 180.00 $ 5,400.00 8 Temp. Pavement Repair (12" Pipe) 361 LF $ 10.00 $ 2/406067 9 Temp, Pavement Repair (8" Pipe) 415 LF $ 10.00 $ 4,150.00 10 Manhole Concrete Collar 6 EA $ 39.00 $ 234.00 11 Manhole Vacuum Testing 6 EA $ 104.00 $ 624.00 12 Post Construction TV Inspection 776 LF $ 2.00 $ 1,552.00 13 Pre Construction TV Inspection 776 LF $ 3.00 $ 2,328.00 14 Traffic Control (12" Pipe) 361 LF $ 15.00 $ 3,610.00 15 Traffic Control (8" Pipe) 415 LF $ 15.00 $ 6,225.00 16 Trench Safety (12" Pipe) 361 LF $ 1.00 $ 240.67 17 Trench Safety (8" Pipe) 415 LF $ 1.00 $ 415.00 18 Mobilization $ 82,715034 % 4% $ 3,308.61 Total $ 86,023095 Note: Temporary pavement repair, traffic control and trench safety are calculated as a percentage 8/12=67% on the 12-inch portion of the pipe. Storm Drain Cost Share: Item # Description Qty Unit City Unit Price Total 1 Curb & Gutter 50 LF $ 19.00 $ 950.00 2 Mobilization 1 LS $ 38.00 $ 38.00 3 Traffic Control $ 950.00 % 2% $ 19.00 4 5' x 3' RCB 292 CY $ 500.00 $ 1461000.0O 5 30" RCP 21 LF $ 65.00 $ 1/365000 6 24" RCP 57 LF $ 55.00 $ 3,135.00 7 21" RCP 28 LF $ 45.00 $ 1,260.00 8 8' x 4' Junction Box 8 CY $ 500.00 $ 4,000.00 9 10' Std. Curb Inlet 4 EA $ 2,200.00 $ 8,800.00 10 Pavement Repair-2 Inch Min HMAC Temporary 840 LF $ 10.00 $ 8,400.00 11 Trench Safety 840 LF $ 1.00 $ 840.00 12 Unclassified Trench Excavation & Backfill 577 CY $ 10.00 $ 5/770400 13 Mobilization 1 LS $ 1,514.12 $ 1/514412 14 Traffic Control $ 179,570.00 % 2% $ 3/591040 15 SWPPP 1 LS $ 897.85 $ 897.85 Total $186,580.37 The Checked Must be Included as Attachments to this Agreement Included Attachment X Location Map X Exhibit A: Water Improvements X Water Improvements Cost Estimate X Exhibit Al: Sewer Improvements X Sewer Improvements Cost Estimate X Exhibit B: Paving Improvements X Paving Improvements Cost Estimate X Exhibit B 1: Storm Drain Improvements X Storm Drain Cost Estimate (Remainder of the page intentionally left blank) 10 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 ZU- V� day CITY OF FORT WORTH: Fernando Costa Assistant City Manager Recommended by: Transportation &Public Works Department Water Department Wendy Chi-B ulal, EMBA, P.E. Water Develo ment Engineering Manager Approved as to Form &Legality: Assistant City Attorney ATTEST: ,City Secretary Authorization: I � I I of 7 e�eMbe r , 2011. DEVELOPER: Cook Children's Medical Center anlev E. DavislVice President Water Department ry�� S. Frank Crumb, P.E. Director �o ox 1 °o Cr y"ic° 000000 AY OFFICIAL RECORD CITY SECRETARY 11 FT. WORTH, TX V CKE Y DA GET -Y m B OA WAY � A J w E ERS I H _ gym-' TUC <ER —' J Q 00 m Q m ENJ SY ANI PRU T C NN N = CAN ON ~ LE DA CO PER o TE R R L ROJ XT LIMBO T! OCATION WORTH ULA KI , n D SH OD cn RO E ALE OL A D R z M GN LA o w z LOCATION MAP NOT TO SCALE SEVENTH AVENUE IMPROVEMENTS FROM W. TERRELL AVE. TO W. ROSEDALE ST. DOE# 6533 FILE # W-2136 ti A DUPMWA 550 Balley Avenue • Suite 400 • Fort Worth, Texas 76107 Tel: 817.335.1121 • Fox 817.33S.7437 (1X REG. F=1114) W I U co �I z z z �2 9ema o vi rzz CO CO I I:j W N �_ AW FM �I NZ �� W J--------------- m J Z �Q F aW W W Z W 7-1HW Z cc I ? I I I I I 00 ZLLJ > Aft w 31 I I I I I XO Q W LLJ = Q N C 3 Z x � �_ Q W W - co W D - �(4 > O O Z W O O � �D NZZ— — W Z W / op r r ?n LLJ Q Zj a W 2 ti IN W W W LW IQ IQ3 3 N2OZQC) OW O� o 0 0 0 0 J Q Z Z o 0 0 0 o y y rz � Z�I �� z a 4 a a a W W W W C Q ca (n w � I C7 W3 Qm W3 I J . : R E 4K 7��TaT�T�T�L I ° � s �Ld��T�LS w a� Z 2 � R^ W E-E co � O S �Q LLJ G� S m� F+1 �'� • �JII�f� kft o5m� I w °° vieLL 9 �z ` o� o co QL; QC a w (n W Qp�W �. ~ .LQIosr�rns m .LaaKIs e� MW � F7 7 7 J QW mz W J I Z I I I I I I w XUJ ui D n N V! ui > F7 LU CL c, r ' INSVIlad .LLYATKI.LS 05 7ll�r+�Ti w 7177 w W ZIT ZS W 5u) CZ " � 0 0 r8s v zna • • W E6 CZ �w zQk a w w ► I W I I I WUl I V 1 I J II 4�=_-___ I 1 I I I I a O� N UOJ LQ W OjO�Um� L2 4 QQm CE NQp J kl ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST SEVENTH AVENUE PAVING IMPROVEMENTS %� � � �< ��i}ESt�R(P�iCS,N � E2 PRIC00 `AMOU T ITEM - Remove ExistingHMAC Pavement 0 15,210.00 1 35 SY $ 25,350.00 2 2" HMAC Overlay Permanent Asphalt Pavement - Trench Repair Dtl. STR-028 Included within Storm, Water, sewer Estimates 3 70 SY $ 27.00 $ 1 890.00 4 7" Concrete Pavement 6" Lime Treated Subgrade or A roved E ual Remove ExistingConcrete Pavement 77 61 60 SY SY SF $ $ $ 3.00 6.00ON 6.00 $ $ $ 231.00 366.00 360.00 5 6 7 Sidewalk Ramp 50 LF $ 19.00 $ 950.00 8 Curb & Gutter - 6" Curb w/ 18" Gutter 1 LS 4% $ 1 774.28 9 Mobilization 1 LS 2% $ 887.14 10 Traffic Control $ 47 018.42 TOTAL M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT'��'ORTI1 .�,,,-�- CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of a Community Facilities Agreement with Cook Children's Medical Center with City Participation in an Amount Not to Exceed $458,068.95 for Construction of Twelve -Inch and Ten -Inch Water Mains, Relocation of an Eight -Inch Sewer Pipe and Construction of a Five Feet by Three Feet Storm Drain in Seventh Avenue to Serve Cook Children's Medical Center and Surrounding Area (COUNCIL DISTRICT 9) ,. RECOMMENDATION: It is recommended that the City Council authorize execution of a Community Facilities Agreement with Cook Children's Medical Center with City participation in an amount not to exceed $458,068.95 for the installation of twelve -inch and ten -inch water mains, relocation of an eight -inch sewer pipe and construction of a five -feet by three -feet storm drain in Seventh Avenue to serve Cook Children's Medical Center and the surrounding area. DISCUSSION: Cook Children's Medical Center is a development located in Fort Worth (see attached map). This project consists of 12-inch and 10-inch water mains in Seventh Avenue to establish a loop connection to the existing water system. Additionally, the existing 8-inch sewer pipe is being increased to 12-inch and being relocated to provide adequate room for the proposed 12-inch water main and the upsized five feet by three feet storm drain pipe in Seventh Avenue. Construction Costs: 1. Water 2. Sewer Contingency 15 percent Total Water and Sewer Construction Water &Sewer Inspection Fee (2 percent) Water &Sewer Material Testing Fee (2 percent) Total Water and Sewer Project Cost Developer City Total Cost Cost Cost $ - $ 90,272.00 $ 90,272.00 $16,503.41 $ 86,023.95 $102,527.36 $ - $ 26,444.39 $ 26,444.39 $16,503.41 $202,740.34 $219,243.75 $ 330.07 $ 4,054.81 $ 4,384.88 $ 330.07 $ 4,054.81 $ 4,384.88 $17,163.55 $210,849.96 $228,013.51 http://apps.cfwnet.org/council�acket/mc review.asp?ID=16038&councildate=ll/15/2011 11/16/2011 M&C Review Page 2 of 2 3. Storm Drain Contingency 25 percent Total Storm Drain Construction Storm Drain Inspection Fee (4 percent) Storm Drain Material Testing Fee (2 percent) Total Storm Drain Project Cost Total Project Cost $ 9,710.27 $ 9,710.27 $186,580.37 $ 46,645.09 $233,225.46 $ 388.41 $ 9,329.02 $ 194.21 $ 4,664.51 $10,292.89 $27,456.44 $247,218.99 $458,068.95 $196,290.64 $ 46,645.09 $242,935.73 $ 9,717.43 $ 4,858.72 $257,511.88 $485,525.39 The cost stated is based on the engineer's estimates. The City's cost participation shall be in an amount not to exceed $458,068.95 (Participation), but the reimbursement of the Participation (excluding inspection and material testing fees) is not a lump sum amount and may be less than stated above depending upon actual quantities from the Notice of Final Completion package and unit prices from the construction contract document. This development is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund and the Storm Water Capital Projects Bond Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P227 541200 209280159880 $247,218.99 P265 539140 609150159883 P265 531350 609150159885 P265 531200 609150159884 P275 539140 709130159883 P275 531350 709130159885 P275 531200 709130159884 Fernando Costa (6122) Randle Harwood (6101) Jana Knight (2025) ATTACHMENTS Cook Childrens Medical Center 7th Ave CFA Exhibit.pdf $103,812.80 2 076.26 2 076.26 $98,927.54 1 978.55 1 978.55 http://apps. cfwnet.org/council�acicet/mc_review. asp?ID=1603 8&councildate=l l /15/2011 11 /16/2011