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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. 2 0 0 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. p 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 3 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 al 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 4 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. 5 0 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 6 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 7 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this 'Instrument to be executed I 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 Z--> 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 0�" 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 RD LF F I C L RECO py ECPrA Ir DRTH9 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) 9