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HomeMy WebLinkAboutContract 44657 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS �i City Secretary COUNTY OF TARRANT � Contract No. �`l�'�`� 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: Bell Helicopter Textron Inc. Address, State, Zip Code: 600 E. Hurst Blvd., Hurst, Texas 76053 Phone, E-Mail: (817) 280-4672 Authorized Signatory/Title: Rudy C. Lopez, Vice President Project Name: Sanitary Sewer Improvements to serve Bell Helicopter Textron Inc. Project Location: 600 E. Hurst Blvd. Plat Case No.: N/A Plat Name: N/A Mapsco: 53Y/67C CFA: 2013-037 1.: To be completed Received by: � �ECEIVE� .�V� 2 5 Z�iS Council District: 5 City Project No: 02128 �..�� � �FFICB�L RECORD C �IiY S�CiiETARY �% WORTH, T)C �_ 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") verbatim copy of which is attached hereto; the City will provide Developer any updates to the Policy in a timely manner. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has offcially accepted the infrastructure. Developer further acknowledges that said process requires the contractor to submit an Af�davit 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 Agreement. 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 applicable 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�,_Sewer (A-1) X� Paving (B) � Storm Drain (B-1) _, Street Lights & Signs (C)_, Policy for Installation of Community Facilities (D) X. 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 infi•astructure shall be administered in conforinance with paragraph 8, Section II, of the Policy. 2 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 infi•astructure 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 consh�uction 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 Certiiicate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours' notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains 3 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. 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 constc•uction, 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, ofticers, agents 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, ivhetlrer or not suclt i�juries, deat{t or da�rraQes t�re caused, i�n wlzole or in pa�•t, by t/ze alleQed negliQence of tlte Citv of Fo�t Wortlt, its office�s, servants, o� enzployees. 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 4 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 speci�cations. 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 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. C 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 fnancial 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 �nancial 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) 6 Cost Summary Sheet Project Name: Sanitary Sewer Improvements to serve Bell Helicopter Textron Inc. CFA No.: 2013-037 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 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. Street Signs Installation Cost Sub-Total for TPW Construction Fees DOE No.: 7066 Developer's Cost $ - $ 783,000.00 $ 783,000.00 $ - $ - $ - $ - $ 783,000.00 $ 15,660.00 $ 15,660.00 $ 31,320.00 $ - $ - $ - $ - $ - Total Construction Fees: Financial Rnnrl - 1f Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% l.etter of Credit = 125% w/2vr exniration oeri� $ 31,320.00 Choice Amount ck one $ 783,000.00 $ 783,000.00 $ 978,750.00 $ - $ 978,750.00 % 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 said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this e�[� day of �'' �� ,20 �"�. T�- CITY OF FORT WORTH - Recommended by: Water Department l/lJ� � ` l/l� GL_ L/ / � Wendy Chi- abulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legaliry: `y7 Douglas . Black Assistant City Attorney ATTEST: .���--�.��� �� ��-% �-� -� ' V_� Signature Name Title: RICK VAN ZANDT AUTHORIZED REPRESENTATIVE Transportation & Public Works Department ( �„� . �..� Dougl . Wiersig, P.E. Director Approved by City Manager's Offtce �.�--� Fernando Costa Assistant City Manager Bell Helicopter Textron Inc. _s�.= � � __ ___ � �� Signature � Name: Rudy C. Lopez OFFICI�� RECORD �ITV SEC6tETARY �T. WORTH, �'X Title: Vice President M&C No. �� I �. Check items associated with the project being undertaken; checiced 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 (Remainder of Page Intentionally Left Blank) 7 THE CITY OF FORT WORTH, TEXAS COST EXHIBITS SANITARY SEWER IMPROVEMENTS TO SERVE BELL HELICOPTER TEXTRON INC. LOCATION MAP N. T. S. F�ORT WORTH � � �imley-Horn � and A;>sociates, Inc. Bell Helicopter Sanitary Sewer Improvements Cost Summary Table Exhibit A1 Item Developer Cost A. Sanitary Sewer Construction 1. Sewer $711,294.00 Sanitary Sewer Contingency 10% $71,706.00 1. Sewer plus 10% Contingency $783,000.00 Sewer Inspection 2% $15,660.00 Sewer Material Testing 2% $15,660.00 Sewer Overall Total $814,320.00 B. Grand Totai $814,320.00 ell Helicopter Sanitary Sewer Improvements Sanitary Sewer Cost Estimate - Exhibit A1 Sanitary Sewer Improvements Item No. Item Descri tion Specification P Section No. Unit Quantity Unit Price Cost � 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 3 $ 400.00 $ 1,200.00 2 3292.0200 Seeding, Broadcast 32 92 13 SY 200 $ 5.00 $ 1,000.00 3 3292.0500 Seeding, Soil Retention Blanket 32 92 13 SY 4350 $ 15.00 $ 65,250.00 4 3301.0002 Post-CCN Inspection 33 01 31 LF 1370 $ 5.00 $ 6,850.00 5 3301.0101 Manhole Vacuum Testing 33 01 30 EA 6 $ 500.00 $ 3,000.00 6 3303.0001 Bypass Pumping 33 03 10 LS 1 $ 7,500.00 $ 7,500.00 7 3305.0109 Trench Safety 33 05 10 LF 900 $ 5.00 $ 4,500.00 8 3305.0110 Utility Markers 33 05 26 LS � $ 1,000.00 $ 1,000.00 9 3305.0112 Concrete Collar 33 05 17 EA 6 $ 500.00 $ 3,000.00 10 3305.1103 20" Casing By Other Than Open Cut 33 05 22 �F 450 $ 750.00 $ 337,500.00 11 3305.1104 24" Casing By Other Than Open Cut 33 05 22 LF 20 $ 900.00 $ 18,000.00 12 3305.3004 12" Sewer Carrier Pipe 33 05 24 LF 450 $ 150.00 $ 67,500.00 13 3305.3006 16" Sewer Carrier Pipe 33 05 24 LF 20 $ 200.00 $ 4,000.00 14 3331.4212 12" DIP Sewer 33 11 10 LF 542 $ 250.00 $ 135,500.00 15 3331.4222 16" DIP Sewer 33 11 10 LF 18 $ 300.00 $ 5,400.00 16 3339.1001 4' Manhole 23� 39 10, 33 39 EA 6 $ 6,000.00 $ 36,000.00 �� 3339.1003 4' Extra Depth Manhole 23� 39 10, 33 39 VF 47.0 $ 300.00 $ 14,094.00 18 9999.0001 12" HDPE Gravity Sewer Pipe 33 31 15.1 LF 220 $ 200.00 $ 44,000.00 19 9999.0002 16" HDPE Gravity Sewer Pipe 33 31 15.1 LF 170 $ 250.00 $ 42,500.00 Subtotal: $ 711,294.00 Contingency (%+/-) 10 $ 71,706.00 Total: $ 783,000.00 Basis for Cost Projection: ❑ No Design Completed ❑ Prelim(nary Design 0 Final Design The Engineer has no control over the cost o/ labor, materials, equipment, or over the Contractor's methods o/ determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not gua�antee that proposals, bids, or actual construction costs wil/ not vary from its opinions of p�obable costs.