HomeMy WebLinkAboutContract 45340 COMM-UNITY 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" within the City
44C*ty)�).
of Fo�rt Worth,Texas( 1 .1, and
WHEREAS, the Developer and the! City desire to enter into this Community Facilities
Agreement(`CFA"or"Agreement") in connection with the ImprovemeDIS.
Developer and Project Information:
Developer Company Name: Texas Midstream Gas Services,LLC by Access Midstream Partners, Its
sole!member
Address, State,, Zip Code.- P.O. Box 18496, Oklahoma City, OK 73154
Phone,E-Mail.- (405)727-1408,j ohnh atton@acces sm id stream.c m
Authorized Sigflatory/Title� John Hatton,General Manager
Project Name and Brief Description: Cold Springs Road Sanitary Sewer Improvement
Project Location-. Cold Springs Road—Delga Street to Windmill Street
Plat Case No.:N/A Plat Nacne.- N/A
Council District: 8 City Project No: 02008 CFA: 2013-069 DOE: 6935
To be completed by staff.-
Received by: Date:
OFFICIAL RECORD
RECEIVED FEB 0 4 2014 CITYSECRETARY
WORTHs TX
NO THEREFORE,For and in consideration of the covenants and
conditions contained herein,1 the City and-the Developer do hereby agree as follows:
Genet-al 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, as amended, is hereby
incorporated 'Into, this Agreement 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 hied, by Developer to comply with
the Policy ill col-fliection with the work perfornied by said contractors.,
B. Developer shall provide fniancial security in conformance with paragraph 6, Section
11, of the Policy and recognizes that there shall be no reduction. in the collateral unti.]
the Project has been completed and the City has officially accepted the
Improvements. Developer ftirther 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 (A,).................N Sewer
A-1 _.X Paving N/ Storm Drain (B-1) Nla�, Street Lights & Signs (C):
N/A�.
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with, Section 11, paragraph 7' of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section 11, of the Policy.
F. For all Improvements 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 pre qualified to perform water/waste water
construction as the case may be.
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ii. 71"o,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 tile"Improvements, and a mahitenance, bond in the name of the
City for one hundred percent(100%) of the contract price of the Improvements for
a period of two (2) years insuring the maintenance and repair of'the constructed
infrastructure during the to of the ma,intenance 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 req paired ley said documents and same will be evidenced on
the AC ORD Certificate of Insurance supplied by tile contractor's insurance
rovi*der and bound in the construction contract book.
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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 construct-Ion 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 in or adjustment oft e required utilities,to serve the
development or to construct the Improvements required herein.
1. City shall not be responsible for any costs that may be incurred by Developer in the
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relocation of any utilities tliat are or may be in conflict with any of the community
facilities to be installed hereunder.,
I 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 injiuries 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 sal*ufl
DEVELOPER, his contractors, sub-contractors, officers, agents or employees,
whether or not such iWL*Tries, death or dam es are cause whole or M
part, bE tyre alleged neglt'gence of the (�,�o�LFort Worth,-its officer serev
or emplo ees.
M. Developer will further require 'its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against ally 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
iniufies ath r damyges are caused', 1"n whole or in part, bp the all
negfl*gence of the C oLFort Worth, its officers, servants, or enWIoEees- 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 in
the improvements n
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a good and workmanlike manner, free from defects, in conformance with the
Policy,and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the infrastructure and
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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 imp fied. Further, Developer
,agrees that all contracts with any contractor shall include provislons, granting to the
City the right to enforce such contracts as, an express intended third party beneficiary
of such contracts.
0. 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 ma ter l*al.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. If applicable,the City's obligation to participate(exclusive of front foot charges,)in
the cost of the Improvements shall terminate if the Improvements are not
completed within two (2) years; provided, however, if construction of the
Improvements has started within the two year period, the developer may request
that Athe CFA be extended for one year. If the In are not cornpleted
within such extension period there will be no further of 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.
I -'s obligations
11 Nothing contained herein is intended to linilit the Developei
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related, agreements.
ill. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two (2) years from the date of this Agreement the b-nprovernents have
not been completed and accepted.
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iv. The Ci
ty may utilize the Developer's financial guarantee to cause the completion, of
the construction of the Improvements 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 falls 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 Hen upon the property which is the subject of the
Completion Agreement.
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Cost Summary Sbeet
Project Name.- Cold Splrings Ro.ad
CFA No.- 2013-0l69 DOlE No..- 6935
Ttems, Developer's Cost
A, Water and Sewer Construction
1. Water Construction $
2.Sewer Construction $ 511,636.00
Water and Sewer Construction Total $ 511,636.00
B. TPW Construction
1.Street $ -
2.Stolrm Drain $
3.Street Lights Installed by Developer $
TPW Construction Cost Total $
Total Construction Cost('excluding the fel $ 5111,636.00
Construction Fees:
C. Wal,ter/Sewer Inspection Fee(2%) $ 10,232.72
Di. Water[Sewer aterial Testing Fee(2%) $ 10,,232.72
Sub-Toltal for Water Construction Fees $1 20,465.44
E. TIC W Inspection Flee(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.- $ 2d,465.44
Choice
Financial Guarantee 9ptions,choolse onle Amlount (ck one2-,
Bond=100% $ 511)1636.00 000000,
�Cornpletion Lgreement=1± 01%/Hollidis Plat 1 $ 511,636.0,0
,Cash Escrow Water/Sanitay Sewer=125% $ 639:1545.010
I Cash Escrow Paving/Sit ormi Drain=125% $ -
�F
Letter of Credit=125,%w/2yr expiration p riold 639,545.1010
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this 'Instrument to be executed
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in quadruplicate in its name and on *ts behalf by its Ass,istant City Manager.
I ,,attested by its City
Secretary, with the corporate seal of the City affixed, and said Developer has exec d is
instrument in qu druplicate, at Fort Worth, Texas this day o.
CITY OF FORT WORT.H-Recommen(led by.-
Water Department Transportation & Ptiblic Works Department
(A Al
Wendy B 6u
, I 1A,EMBA", P.E. Douglas W. Wiersig,P.E.,
Development :--'41.ngineering Manager Director
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Apry s to Form, &Legall/y.- A,pprose d by City,M 's Office
Dolugl—as W. Black Fernando Costa
Assistant City Attorney Assistant City Manager
M&C No.
Date:-
ATTEST:
0
Mary J."K s
City Seer
�'V:'
ATTEST: DEVELOPER.-
Texas Midstream Gas Services,LLC
By: Access,Midstream Partners
Its sole member
X"wvw000w
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Signature Signature
'-�)"QA Batton
(Print)Name: C>k6UkLLr-j (Pr nth ame: John U
Title: A<zisoc. "Bus. Afuivs, Title. General Manager
JOIN"!; WE w1a; iMp
OfFICIAL RFcORD
,I.ry SF.00.1rAfty
8 VIORTH19 TIC
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LF F I C L RECO py
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Check items,associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Inctuded Attachment
Location Map
Exlilbit A: Water Improvements
Water'Estimate
Exliibl't A-I-, Sewer Improvements
Sewer Estimate
Exhibit 13: Paving Improvements
Paving Estimate
El Exhibit B-I-. Storm Drain Improvements
Storm Drain Estimate
Exhibit C.- Street Lights and Signs,Improvements
Street Lights and Signs Estimate
(Rentalinder of Page Intentionally Left Blank)
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