HomeMy WebLinkAboutContract 44617 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TAR1tANT
0
§
City Secretary
Contract No. ���( l.� � �
WHEREAS, the undersigned Developer ("Developer") desires to malce 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: Texas Health Resources
State, Zip Code: 612 E. Lamar Blvd., Suite 600 � Arlington, TX 76011
Phone, E-Mail: (682) 236-6132 � brianholmes cr,texashealth.org
Authorized Signatory/Title: Sr. Vice President THR Development
Proj ect Name: Fields — Welch Addition Storm Drain Improvements
Location: S. Lake St. & 5°i Ave., S, of Terrell Ave.
Plat Case No.: FS-011-182 Plat Name: J.A. Lee Subdivision
76M
CFA: 2013-033 DOE: 6923
Council District: 9 City Project No: 01993
To be contpleted by staff.• _
Received by: 1 Date: � I� I I
�F����,�� ��CO��
RECEIVED _lUL 10 ��9� 1 ���'YSE�RET��Y
- �r �0�r,�, �� �
-�
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 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 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, speciiications 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) � Paving (B) � Storm Drain (B-1) X, Street Lights & Signs
�C)—•
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 prequalified to perform
water/waste water construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance
bond in the names of the City and the Developer for one hundred percent
(100%) of the contract price of the infrastructure, and a maintenance bond
in the name of the City for one hundred percent (100%) of the contract price
of the infrastructure for a period of two (2) years insuring the maintenance
and repair of the constructed infrastructure during the term of the
maintenance bond. All bonds to be furnished before work is commenced
and to meet the requirements of Chapter 2253, Texas Government Code.
iii. To require the contractor(s) it hires to perform the construction work
contemplated herein to provide insurance equal to or in excess of the
amounts required by the City's standard speciiications 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.
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-Constiuction 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, speciiications 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 ofiicers, 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 constiuction, design, performance or completion of any
worlc 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, rvhether or not such iniuries, death or
�l�ma�es are caused, in whole or in part, by the alle�e�l ne�liQefice of
the Citv of Fort Worth, its of�cers, servants, or enzplovees
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 �zot such
ifajuries, death or �tamaQes are caused, ita whole or• i�t nart, Gv the
alleQe�l ne,�liQence of the Citv of Fort Worth, its offcers, seNvafTts, or
eneployees. 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
C+�
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 coutractor 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 consh-uction 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 iinancial 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: Fields — Welch Addition Storm Drain Improvements
CFA No.: 2013-033 DOE No.: 6923
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
Waterand SewerConstruction Total $ _
B. TPW Construction
1. Street $ _
2. Storm Drain $ 189,343.20
3. Street lights Installed by Developer $ _
TPW Construction Cost Total $ 189 343 20
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Sub-Total forWate�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
Total Construction Fees:
= 100%
choose one
�
Cash Escrow Water/Sanitary Sewer= 125%
Cash Escrow Paving/Storm Drain = 125%
Letter of Credit = 125% wl2vr exoiration �eri
$ 189,343.20
$ -
$ -
$ -
$ 7,573.73
$ 3,786.86
$ -
$ -
$ 11,360.59
$ 11,360.59
Choice
Amount ck onE
$ 189,343.20
$ 189,343.20
� -
g
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 exe ted th,is
instrument i uadruplicate, at Fart Worth, Texas this � Li>j � day of •' �C
� 20�• `/ ,;
CITY OF FORT WORTH - Recontntended by:
Water Department
� �~
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
�,, ,, ,�
� �
Douglas W. Black
Assistant City Attorney
M&C No. �.'( ��i-
Date:
ATTEST: � :�� �, �_�/'
\ �t_'_-��
1VIary J. Kays r� r ✓ T�� �
City Secretary �
ATTE
�
Signature
(Print) Name:
t►11Y
LONNIE F MCKAY
Mr ConwMsston EKp1ns
Mty 15, 2018
..,,'
Trans�ortation & Public Works Department
,\ � �
�
Douglas . Wiersig, P.E.
Director
flppf�oved by City Nianager's Off ce
_��� �II.�
Fernando Costa
Assistant City Manager
o�
o �
��
Texas Health
�
Print Nam��� ( i� •N p � Me�j
Title: ��Q,ll i Ji V� C.R.. ��B S� ow�-'f' �`�" �`S��C+
`1,1,-e d�e- l up m.�.�t �-- I�-�-P �� r►��t
�FFICIAL RECORD
CI'�'V �ECRETARY
�'�'. Yl1�i8'6'�19 V7(
Check items associated with the project being undertalcen; 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
(Remainder of Page Intentionally Left Blanlc)
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teague nall & perkins
CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST (CFA)
OWNER: Texas Heallh Reso�rces
DATE: Ob/04/2013
TNP Job Number: THR 11266
Construction Costs
ITEM
NO.
UNIT I: STC
I-01 3341.0205
I-02 3339.1001
I-03 3201.0616
I-04 3201.0201
I-05 3212.0302
I-06 3216.0102
I-07 3213.0301
DESCRIPTION OF ITEMS
N DRAIN IMPROVEMENTS
24" RCP, Class III
4' Manhole
11" Conc Pvmt Repair
Asphalt Pvmt Repair Beyond Defined
2" AsphalT Pvmt Type D
7�� Conc Curb and Gutter
4" Conc Sidewalk
Unif I: Sform Drain Impi
Residential
Subfotal
UNIT
QUANTITY UNIT COST TOTAL
827 LF $109.00 $90,143.00
4 EA $2,600.00 $10,400.00
1 13 SY $1 15.00 $12,995.00
788 SY $14.14 $11,142.32
2,754 SY $20.72 $57,062.88
280 LF $25.00 $7,000.00
30 SF $20.00 $600.00
$1 89,343.20
Subtotal Construcfion Cosf: $189,343.20
Material Tesling Fee: 2% $3,786.86
Inspection Pee: 4% $7,573.73
Total Opinion of Construction Cost: $200,703.79
00 41 00 - 1
BID FORM
Page 1 of 3
SECTION 00 41 00
BID FORM
This proposal must not be removed from this book of Contract Documents.
TO: Texas Health Resources
Arlington Tower
611 Ryan Plaza Drive
Arlington, Texas 76011
PROPOSAL FOR: Pavin� and Draina�e Improvements to serve
Fields Welch Addition Lot 1R Block 8
City Project No. 01993,
DOE No. 6923,
File No. SD-0369
Includes the furnishing of all materials, except materials specified to be furnished by the City,
equipment and labor for the installation of all facilities and all necessary appurtenances and
incidental work to provide a complete and serviceable project designated as:
PAVING AND DRAINAGE
IMPROVEMENTS FOR FIELDS WELCH ADDITION
LOT 1R, BLOCK 8
Construction staking for this project shall be performed by the Contractor.
The Bidder acknowledges that all work types must be performed only by prequalified contractors
and subcontractors.
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, the site of the project and understanding the
amount of work to be done, and the prevailing conditions, hereby proposes to do all the work,
furnish all labor, equipment and material except as speciiied to be furnished by the City, which is
necessary to fully complete the work as provided in the Plans and Contract Documents and
subject to the inspection and approval of the City of Fort Worth, Texas; and binds himself upon
acceptance of this Proposal to execute a contract and furnish an approved Performance Bond,
Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the
Contract Documents for the performing and completing of the said work. Contractor proposes to
do the work within the time stated and for the sum listed in the Proposal Form, Section 00 42 43.
Paving and Drainage Improvements for Fields Welch Addition
City Project No.: 01993
004100-2
BID FORM
Page 2 of 3
After acceptance of this Proposal, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents,
for the faithful performance of the Contract. The attached bid security, if required, is to become
the property of the Developer.
The Bidder agrees to begin construction within 3� calendar days after issue of the work order,
and to complete the contract within lso calendar days after beginning construction as set forth in
the written work order to be furnished by the Owner.
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1 (Initials) nx
Addendum No. 2 (Initials) Dx
Addendum No. 3 (Initials) Dx
Addendum No. 4 (Initials) Dx
Paving and Drainage Lnprovements for Fields Welch Addition
City Project No.: 01993
004100-3
BID FORM
Page 3 of 3
Respectfully submitted,
'��---
By (Signature)
Dan Hansen
By (Please Print or Type)
Vice President / BUL
7'itle
Balfour Beatty Construction
Contractor
500 Main St Suite 1100 Fort Worth 76102
Business Address
817 744-8585 817 820-0905
Telephone Number FAX Number
Indicate whether — Individual
Partnership
orporation
ATTEST:
�/ ��-- C�; ��-----�--
Secretary
Paving and Drainage Improvements for Fields Welch Addition
City Project No.: 01993
00 A2 A3
DiDPROPOSAL
Pagc 1 of 1
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Infonnation Bidders Proposal
Bidlist Description Specification Unit of Bid Qua�rtity Unit Price Bid Value
Item No. Section No. Measure
Unit 1: Storm Drain Improvements
_.� ___ _. _ ___.
__ __._ __.._ __
I 1 3341 0205 24 RCP Class III 33 41 10 �F 827 $109 00 $90 143.00
_— __. _ �_ ___�_._ _.-- --- _
33 39 10, 33 4 $2,600.00 $10,400.00
� 2 3339.1001 4' Manhole gg 20 EA
I 3 3201 0616 11 Conc Pvmi Repa�r_ ___ ._._u�,, 32 01 29 SY 113 $115 00 $12 995 00
I 4 3201 0201 Asphalt Pymt Repair Beyond,_Defned Wdth_Residentiai ___ 32 01 i7 SY 788 $14 14 $11 142 32
�� rv_ � V 32 12 16 � Sy ���µ 2754 �V $20.72 ��Y� Wf $57 062.88
i-5 3212 0302 2 Asphali Pvmt TyPe_� ..___ _ ---- -- ----- - ------- ---- -- - - __ . _.. . _..--......
--- - _. _..__.._ _.
I-6 3216.0102 7" Conc Curb and Guiter 32 16 13 LF 280 $25.00 $7,000.00
- - - _ _,_..
____..._. ... _..._. —...____._._._. _�....__ _ .. . ..._._. _ . _____..__ .
I-7 3213.0301 4" Conc Sidewaik 32 13 20 SF 30 $20.00 $600.00
Total Bid $189,343.20
Paving and Drainage Improvemcnts for Fields Wci<h Addition
Ci�y Projec� No.: 01993
00 42 43 Proposai Form_<Is