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HomeMy WebLinkAboutContract 43811 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, the undersigned Developer ("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 Company Name: Cook Children's Medical Center Address, State,Zip Code: 750 Eighth Avenue, 6th Floor Phone,E-Mail: (682) 885-1614 1 george.montague@cookchildrens.org Authorized Signatory/Title: George Montague,Vice President of Real Estate Project Name: W. Rosedale St. Traffic Signal at 7th Ave(Rosedale Office Building) Project Location: West Rosedale St. at Seventh Avenue Plat Case No.: FS-011-151 Plat Name: Rosedale Office Building,Eighth Ave.to Seventh Ave. Mapsco: 76L Council District: 9 City Project No: 01900 CFA: 2012-03 6 DOE: 6832 To be completed by staff.• Received by: yciw Date: tO/LC OFFICIAL RECORD ARY 14 via WORT",TX IN 1 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 11, 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 (Al.,Sewer (A-1) , Paving (B) , Storm Drain (B--1) , Street Lights & Signs (C, C--1)_-__, Traffic Signals (C-2) X 2 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 prequalif ed 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. Hi. To require the contractors) 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 ACDRD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. 3 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. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 4 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 damazes are caused, in whole or in part, by the all coed neglizence 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 iniuries, death or darnazes are caused, in whole or in part, by the alle ed n"Ikaence of the City of Fort Worth its of icers 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 5 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 four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no 6 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 7 Cost Summary Sheet Project Name: W.Rosedale St. Traffic Signal at 7th Ave(Rosedale Office Building) CFA No.: 2012-036 DOE No.: 6832 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 $ - B. TPW Construction 1.Street $ - 2.Storm Drain $ - 3.Traffic Signals $ 94,000.00 TPW Construction Cost Total $ 94,000.00 Total Construction Cost(excluding the fees): $ 94,000.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ D. Water/Sewer Material Testing Fee(2°/o) $ - Sub-Total for Water Construction Fees $ - E. TPW inspection Fee(4%) $ - F. TPW Material Testing(2%) $ - C.Traffic Signal Inspsection(4%) $ 3,760.00 H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 3,760.00 Total Construction Fees: $ 31760.00 Choice Financial Guarantee Options,choose one Amount ck one Bond=100% $ 94,000.00 Com pletion Ag reement=100%/Holds Plat $ 94,000.00 Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ 117,500.00 Letter of Credit=125%w/2 r ex iration eriod $ 117,500.00 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 id Developer has executed this instrument in uadruplicate, at Fort Worth,Texas this day o 20�� CITY OF FORT WORTH-Recommended by: Water Department Transportation&Public Works Department Wendy Chi-Babulal,EMBA,P.E. Douglas .Wiersig,P.E. Development Engineering Manager Director Approved Form&Legality: Approved by City Manager's Office l �IMw�4k � Douglas W.Black Fernando Costa Assistant City Attorney Assistant City Manager M&C No. Date: ,�r�O' �plq���� ATTEST: 0 I'm Mary J.Kays ��"oa oo0 o*,b �0000 a City Secre �XA�aa�cr ATTEST: Cook Childrens Medical Center If L,,, Al A0W 6kee'!""Signa e Signature (Print)Name:).,)/ �h J p p Kfij)13Cn/� Print Name: George Montague Title: Vice President of Real Estate OFFICIAL RECORD CjTy SECRETARY FT.WORTH,TX 9 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment Location Map ❑ Exhibit A: Water Improvements ❑ Water Estimate ❑ Exhibit A-1: Sewer Improvements ❑ Sewer Estimate ❑ Exhibit B: Paving Improvements ❑ Paving Estimate ❑ Exhibit B-1: Storm Drain Improvements ❑ Storm Drain Estimate ❑ Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate Exhibit G2: Traffic Signal Improvements Traffic Signal Estimate (Remainder of Page Intentionally Left Blank) 10 W EL PASO RIO GRAN • V'CKER Y JAR D AGGETT DA GETT = BROA WAY w m YFB[ROADWAY :>:: w w to = CD cn E� E R S � H CL E LA '� � � � __j TUC<ER oo cn d m PEN N SY AN IA , PRU TT NN N _ GAN ON r LE DA Q TER E L UMBO T � z = WORTH D P U LA K I DASH 1 OD w Lo D cn w RO E A E w Li 6 IRWIN Pk- -- R - c� OL AID z �- TOE PROJECT SITE Q z 0� 01 L4 A M G N L,I A o �-- w z cr- cn z w 0 ON o PHY w o � _ � to M R .� u _ W 0 Q ❑ �l -� Q U Q V M R E � z Q I E D v N - z C/9 M D x L MA O 0 LOCA"riON MAP C Uj -.1 NOT TO SCALE v v ROSEDALE OFFICE BUILDING L DOE# 6832 FILE# K-2219 r i a 550 Bailey Avenue•Suite 400•Fort worth.Texas 76107 Tel:817.335.11 2 1•Fax:81 7.335.7437 a (TX REG.F-1114) a "s• I o ° I m� ru f� L s � • ! y f ! f ! 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L . ^ + t�T Ex T 3 � � ky I Iq tHtA Q ❑JJdO. s is W o 00 L G goolla h Z . lJ ` M - ui W mi um TR IS ~ ..■� W I _j 1+ W F a fi1 • 1 i �1�'IIl�V4, � _ �� 8 R I ui ,�1 + U a I I I N is s 6 S m z + f I I m W F6i I a= ooc�o� 5 I 0 Z •% I �� a � I � x ti ®'° i 31'i J U a I w• '.` k 0 SJJ I I ' � ►� � � � r 3 tw m p F)i Z fl 0 V'V V9 °zm LO 0x � Q � N U_ ~ �p Q �; `O F- W v ..J 0 FIAV Hil-LLi Uo J tD .,J z 0 0 ^lf L� Z 0` p _w d ch ~ ° C4 F-Q, ni o w J w N r J ti N C] ¢0 < v� 6i m C:I z Qv Q� 'o m 0 OMP'lISIHM-IVNDIS\Vj:)leu6l$:)L4ej11d3:)1S.l gIHX 31 5Gulme.tp\Bul jaau3 6ua 1TjiOTOZ\ojOZ\ajQ4pIeaH1uocpnPOJd1:D H.LVd3lIj WV ZT TT_LV ZTOZ`Lo AeW IAepuoW 031103d ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST TRAFFIC SIGNAL IMPROVEMENTS TO SERVE ROSEDALE OFFICE BUILDING TRAFFIC SIGNAL IMPROVEMENTS �-iP; ov 1TE NO i . �.0 .4-"F4RICE*,�t• r=150 'AiW Oil .,4', " , 10'E S C R I f N- EDVA 1 CONTRACTOR CONTRACTOR REMOVE SIDEWALK 494 SF $ 9.00 $ 4,446.00 2 CONTRACTOR CONTRACTOR REMOVE ADA RAMP 2 EA $ 500.00 $ 1,000.00 3 CONTRACTOR CONTRACTOR REMOVE CONC CURB&GUTTER 67 LF $ 9.00 $ 603.00 4 CONTRACTOR CITY ELEC SERV PED 1 EA $2,200.00 $ 2,200.00 5 CONTRACTOR CONTRACTOR 211 CONDT PVC SCH 40(T) 125 LF 1$ 8.00 $ 11000.00 6 CONTRACTOR CONTRACTOR 2"CONDT RM(RISER) 20 LF $ 20.00 $ 400.00 7 CONTRACTOR CONTRACTOR 3"CONDT PVC SCH 40(T) 110 LF $ 10.00 $ 1,100.00 8 CONTRACTOR CONTRACTOR 3"CONDT PVC SCH 40(13) 3501 LF $ 19.00 $ 6,650.00 9 CONTRACTOR CONTRACTOR 5"CONC SIDEWALK 341 SF $ 15.00 $ 5,115.00 10 CONTRACTOR CONTRACTOR 4'BARRIER FREE RAMP,TYPE B 6 EA $1,500-00 $ 9,000-00 11 CONTRACTOR CONTRACTOR 6"CONC CURB AND GUTTER 40 LF $ 50.00 $ 2,000-00 12 CONTRACTOR CONTRACTOR 12"SLD PVMT MARKING HAE W 472 LF $ 7.00 $ 3,304.00 13 CONTRACTOR CONTRACTOR 18"SLD PVMT MARKING HAE(W) 97 LF $ 10.00 $ 970.00 14 CONTRACTOR CONTRACTOR RAISED MARKER TY Y 76 EA $ 6.00 $ 456.00 15 CONTRACTOR CONTRACTOR REMOVE 12"PVMT MARKING 70 LF $ 2.00 $ 140.00 16 CONTRACTOR CONTRACTOR REMOVE 18"PVMT MARKING 14 LF $ 3.00 $ 42"00 17 CONTRACTOR CONTRACTOR BLOCK SOD PLACEMENT 990 SF 2.00 $ 1,980.00 18 CONTRACTOR CONTRACTOR 3-SECT SIGNAL HEAD ASSMBLY 8 EA $ 950.00 $ 7,600.00 19 CONTRACTOR CONTRACTOR 4-SECT SIGNAL HEAD ASSMBLY 2 EA $11200.00 $ 2,400.00 20 CONTRACTOR CONTRACTOR PED SIGNAL HEAD ASSMBLY 8 EA $ 550-00 $ 4,400.00 21 CONTRACTOR CONTRACTOR ACCESSIBLE PED SIGNAL 8 EA $1,000.00 $ 8,000.00 22 CONTRACTOR CITY INSTALL RADAR PRESENCE DETECT SYSTEM 4 EA $ 250.00 $ 1,000.00 23 CONTRACTOR CITY INSTALL EMERGENCY VEHICLE PREEMPTION SYSTEM .1 LS $ 500-00 $ 500-00 24 CONTRACTOR CONTRACTOR 201C 14 AWG MULTI-CONDUCTOR CABLE 510 LF $ 3.00 $ 1,530.00 25 CONTRACTOR CONTRACTOR NO 6 INSULATED ELEC CONDR 260 LF $ 1,00 $ 260.00 26 CONTRACTOR CONTRACTOR NO 8 INSULATED ELEC CONDR 540 LF $ 1.00 $ 540.00 27 CONTRACTOR CONTRACTOR NO 8 BARE ELEC CONDR 435 LF 1$ 1.00 $ 435.00 28 CONTRACTOR CONTRACTOR GROUND BOX,LARGE,W/LID APRON 4 EA $ 700.00 $ 2,800.00 29 CONTRACTOR CITY INSTALL TYPE 41 SIGNAL POLE 1 EA A 500.00 $ 500.00 30 CONTRACTOR CITY INSTALL TYPE 42 SIGNAL POLE 1 EA $ 500.00 $ 500.00 31 CONTRACTOR CITY INSTALL TYPE 45 SIGNAL POLE I EA 1$ 500.00 $ 500-00 32 CONTRACTOR CITY INSTALL TYPE 46 SIGNAL POLE I EA 1$ 500.00 $ 500-00 33 CONTRACTOR CITY INSTALL MAST ARM 16'-36' 2 EA $ 500.00 $ 1,000-00 34 CONTRACTOR CITY INSTALL MAST ARM 52'-601 2 EA $ 500.00 $ 1,000.00 35 CONTRACTOR CONTRACTOR TY 3 SIGNAL FOUNDATION 2 EA $2,450.00 $ 4,900,00 36 CONTRACTOR CONTRACTOR TY 5 SIGNAL FOUNDATION 2 EA $2,650.00 $ 5,300.00 37 CONTRACTOR CITY INSTALL CONTROLLER&CABINET,GROUND MNT I EA $4,650.00 $ 4,650.00 38 CONTRACTOR CITY INSTALL ALUM SIGN MAST ARM MOUNT(METRO ONLY 4 EA l$ 150.00 $ 600.00 39 CONTRACTOR CONTRACTOR INSTALL ALUM SIGN MAST ARM MOUNT 4 EA $ 200.00 $ 800.00 40 CONTRACTOR CONTRACTOR INSTALL ALUM SIGN(NO PARKING)SIGN POST AND 2 EA $ 700.00 $ 1,400-00 FOUNDATION 41 CONTRACTOR CONTRACTOR TRAFFIC CONTROL I LS 1$2,054.00 $ 2,054.00 42 CONTRACTOR CONTRACTOR REMOVE SIGNS 2 EA $ 100.00 $ 200.00 43 CONTRACTOR CONTRACTOR REMOVE SIGN WALL MOUNT ASSMBLY I EA $ 100-00 $ 100-00 44 CONTRACTOR CONTRACTOR REMOVE SIGN POST AND FOUNDATION 1 EA $ 125.00 $ 125.00 ITOTAL $94,000.00