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HomeMy WebLinkAboutContract 40274COMMUNITY FACJLITIES AGREEMENT THE STATE OF TEXAS COUNTY OFT ARRANT § § City Secretary Contract No. lJ.o ~ :J Y WHEREAS, the undersigned "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer Information: Developer Coll1,pany Name: Steel Crafters Inc. Authorized Signatory: Guy Clapp Title: President Project Name: Water Improvements to serve Lot 1, Blk 2, Adams Industrial Park Project Locatiop: 4813 Parker Henderson Rd. Additional Streets: NI A Plat Case No.: NIA Plat Name: NI A Mapsco: 93E Council District: 5 To be completed by staff: . Received by :, J U:\, \:) {A Jt CFA: 2010-013 DOE: 6462 1 City Project No:01506 OFFICIAL RECORD CITY SECRETARY F W RTH.TX 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 ("CF A") as if copied herein verbatim. Dev.eloper 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 s,hall provide .financial .security in-eonf.ormance with para.graph 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..13.ills ' paid signed bf 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 pajd in full fot.allthe .seJ:¥.ices 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.,.appro.ved construction.:plans,. specification~ cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits are made a part hereof: Water (A:LL Sewer-(A-1)~:·.Paving (B)"_:· ,; $tonn:Drain (B-1) ' ;: Streei Lights & Slgns{C) _. E. The Developer shall award all-contracts for the-eonstruction 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~ Combined CFA final Sept 12, 2008 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 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. 11. 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 (1.00%) of the contract price of the infrastructure,.and a maintenance bpnd in the name of the City for one hundred percent (100%) of the ~ontract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term -0f 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 pr-ovide -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 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, stonn .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 3 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. v1. To delay ponnections 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 ~partment. 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 thq 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 file 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 ~ 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 --eo:v.enants .and agrees to, .and by.-these presents does hereby, fuliy 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 iniuries, death or damages are ·. , caused, in whole or in part, by the alleged negligence of the City of Combined CFA final Sept 12 , 2008 4 Fort Worth, its officers, servants, or emplovees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City.,.its officers, .ag.ents 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 i nfrastructure contemplated herein, whether or not such iniuries, death or damages are caused, in whole or in ,part, bv the alleged negligence of the Citv of Fort Worth, its officers, servants, or emplovees. Further, Developer will require its contractors to indemnify~ .and .hold harmless the .City for any Josses, 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 ,ith the P.olic.y., -and in accoulance .:with all plans .-..and I 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 .. .w.ork -associated with -the . ..construction ..of ..the infrastrucnµ-e 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, wh~ther 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. 0. Inspection a.pd material testing fees.are required~-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. 5 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£or one year..--IL the community facilities are not completed within such extension period, I there will be .no further obligation of the City to participate. City participation in a CF A 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 -I.or i 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 Q1ay 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 ofconstruction 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-rosts.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. Combined CFA final Sept 12, 2008 6 Cost Summary Sheet Project Name: Water Improvements to serve Lot 1, B1k2 , Adams Industrial Park CFA No .: 2010-013 DOE No.: 6462 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 Co nstructio n 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2 . Sto rm Drain TPW Construction Cost Sub-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 lnspsection Cost H . Street Signs Installatio n Cost Sub-Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Ootions, choose one Bond= 100% Comoletion Aareement = 100% I Holds Plat Cash Escrow Water/Sanitarv Sewer= 125% Cash Escrow Pavina/Storm Drain r= 125% Letter of Credit = 125% w /2vr exoiration period 7 Deve loper's Cost $ 95,485 .75 $ $ 95,485.75 $ $ $ $ 95,485.75 $ 1,909 .72 $ 1,909.72 $ 3,8 19.43 $ $ $ $ 3,819 .43 Choice Amount (ck one) $ 95,485 .75 $ 95 ,485.75 $ 119 ,357 .19 $ - $ 119 ,357 .19 X 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 Dev~tier has executed this instrument in quadruplicate, at Fort Worth, Texas this 2> day of ~v..n,._ , 20 10 . CITY OF FORT WORTH -Recommended by: Water Department Development Engineering Manager Approv d as to Form & Legality: Signature (Print) Name: Combined CFA final Sept 12, 2008 8 Transportation & Public Works Department William A. Verkest, P .E. Director Approved by City Manager 's Office Fernando Costa Assistant City Manager Signature Print Name: Guy Clapp Title: President NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY T.WORTH,TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included --Attachmenr [gl [gl [gl D D D D D D D D 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) 9 Notes CFA #2010-013 , DOE #6462, City Project #01506 j Map of 4813 Parker Henderson Rd Fort Worth, TX 76119-5153 A ll rights _.reserved,,,,lJse .. sLJbjectJo License /Copyrig ht I Map _Lege nd ~1 I 1 // // /I =-=~ I \i~Aa ~n&_ -©201,0 M apQuest Portions ©201 ,0 N}P,,VTE ~ Directions a nd maps are informational only, We make no warranties on the accuracy of their content, road co ndi tio ns or route usability or expeditiousness , Yo u assume all risk of use_ MapQuest and its suppliers sha ll not be li able to you for any loss or delay resulting from your use of MapQuest Yo ur use of MapQuest means yo u agree to our Terms .. of Use 1ttp ://www .mapquest.com/print Page 1 of • I I ________ _J STA. I 5+ 74, Al'PIIOX. 5' AIGtff, RO.OCAll (FIIOIII NE PROf'fJffY COIIIO) I" WATEJt I M[TEJt (NO. JN2537) • ICIX NCI 1• I lfllllOATION M[TEJt (NO. JH25JI) • IIOX. =~·:: I SMI TWO wmJIS. STA. I 4+12.0I, APPIIOX. 5' IIIQtfl', RO.OCAll (FIIOII NE PROf'fJffY COIIIQ) I " WATDt M[TEJt (NO. ense121) • ICIX NCI I" IMGATION M[TEJt (NO. JH25JI) • IIOX. INST~ I -I /2" T~ WITll IIUU.H(N) FOIi SMI TWO I" wmJIS. !Ii .., :I, § !ii STA. 12+441.37 INST~ (1) 12·.e· Ttl, I 1"•14' LONO I I" CAT[ VM.'o€ 1 I"~ AT : .. •, ,~ ! I 'i INST~ ! .. • .. • c _ .... o"' --oa • ... .... ... o• -, 0 ... •• .., c• •• .... • STA. 20+30.SS END CONST • ,_ ... Ck ... IL. 'R 0 Ck I IL. ~ ... i u ... .,. ID :II u, UN[ NlW r.H.+-+--t!~II ------------Pl PROPOSED 12 n-----_JI PVC WATER T II A C T 4 A , . .,,, ~ ... ,. lloCULLIY VOLi.i.i 11111 , ,All IJIJ MAIN (DR14 PVC, CLASS 200, C-900) LINE •A• STA. 10+00, LINE A STA. 50+00, LINE -e• BEGIN CONSTRUCTION LEGEND l><J• PROPOSED GAT[ V/14VE. II-Cl • EXISTING GATE V"4VE. v-REDUC£R 0 • WECHANICAL JOINT SOUO SUEVE • -FIR[ HYORAN1' CITY ss ~ I 2072-372 S CITY WATER~ I 2072-372 W FIRM REGISTRATION NUMBER : F'-43 13 FORT WORTH. TEXAS LOT 1 • BLOCK 2 ADAMS INDUSTRIAL PARK CFA EXHIBIT ATER IMPROVEMENTS & SITE PLA GRANT ENGINEERING, INC. D«INIIII ~ ,..,,...,. 3244 HOIPHU. R)lff WOlfflf,, TtxM 71110 117-123-l U I ~----~_.;:::..;;:=4 QmJCID lll\llSCD: S-14-10 DOE 6462, CITY PROJECT O 1506 PREPARED BY JOHN A. GRANT, 111 , P .E ., ON MAY 26 , 2010 TOTAL TOTAL PAY UNIT AMOUNT TOTAL AMOUNT PROJECT ITEM QTY UNIT DESCRIPTION OF ITEM PRICE (BCI) (CITY) AMOUNT 1 820 FT 12 " PVC Water Line , (DR14 , CLASS 200, C900) $45 .00 $24 ,354 .00 $12 ,177.00 $36 ,900 .00 1 300 FT 12" PVC Water Line , (DR14 , CLASS 200, C900) $45 .00 $13 ,500 .00 $13 ,500 .00 2 14 FT 8" PVC water Line (F ire line) $39.00 $546 .00 $546 .00 3 70 FT 8" PVC water Line (Stub to serve Lot 2R, Blk 1 R)) $39 .00 $2 ,730 .00 $2,730 .00 4 30 FT Encase existing SS pipe in concrete $50 .00 $1 ,500 .00 $1 ,500 .00 5 1 TN Fittings $3 ,000.00 $3 ,000 .00 $3 ,000 .00 6 0 .5 TN Fittings $3 ,000.00 $1 ,500 .00 $1 ,500 .00 7 3 EA 12 " Gate Valve $1 ,500.00 $2 ,970.00 $1 ,485 .00 $4 ,500 .00 8 1 EA 12" Gate Valve $1 ,500 .00 $1 ,500 .00 $1 ,500 .00 9 1 EA 8" Gate Valve (fire line) $900 .00 $900 .00 $900 .00 10 1 EA 8" Gate Valve (stub to serve Lot 2R , Blk 1 R ) $900 .00 $900.00 $900 .00 11 1 EA 6" Gate Valve (new fire hydrant) $700 .00 $700 .00 $700 .00 12 2 EA Fire Hydrant $2 ,200 .00 $2 ,904 .00 $1 ,452 .00 $4,400 .00 13 1120 LF Chlorination & pressure test $0.15 $168 .00 $168 .00 14 30 CY Unclassified Street Excavation $25 .00 $750 .00 $750 .00 15 55 LF Pavement -2 inch Min HMAC (2000-2) -Install $45 .00 $2,475 .00 $2 ,475 .00 16 2 EA Water Service Tap, 1.5" (Bullhead) $800 .00 $1 ,600 .00 $1 ,600 .00 17 2 EA Water Service Tap ,, 1" $500 .00 $1 ,000.00 $1 ,000.00 18 1 EA Water Service Tap,, 1" (LOT 2R , Block 1R) $500 .00 $500 .00 $500.00 19 1120 LF Traffic Control $1 .00 $1 ,120 .00 $1 ,120 .00 20 820 LF Trench Safety $1 .00 $541 .20 $270 .60 $820 .00 21 300 LF Trench Safety $1.00 $300 .00 $300 .00 22 1120 LF Trench Repair -Water $1 .00 $739 .20 $369 .60 $1 ,120 .00 Construction Total $45 ,267.40 $36 ,684 .20 $82 ,429 .00 Material & Soil Testing (2% Construction Amount) $1 ,088 .06 $544 .03 $1,632 .09 Construction Inspection ( 4% Construction Amount) $2 ,176 .13 $1 ,088 .06 $3 ,264 .19 Contingencies for Change Orders (5% Const. Total) $2 ,720 .16 $1 ,360 .08 $4 ,080.24 Total Project Cost : $51 ,251 .75 $39 ,676 .37 $95,485 .75