Loading...
HomeMy WebLinkAboutContract 39638 (2)y(! l GOVERNMENTAL ENTITY COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary c COUNTY OF TARRANT § Contract No. -1 g WHEREAS, the undersigned Governmental Entity, "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 Developer: Company: University of North Texas System Project Name: University of North Texas Health Science Center Public Health Education Building Project Location: Streets: 1000 Montgomery Street Mapsco: 75D Council District: 7 CFA: TBD DOE: 6131 City Project No. 01246 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 W RECORD hereby incorporated into this Community Facilities Agreement ("CFA" as (� SECiETARY TX 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 secm•ity in the form of a Board Order signed by the Developer's Board of Regents for the project. . C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said conshuction 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) X , Sewer (A-1)X; Paving (B) ;Storm Drain (B-1) ;Street Lights &Signs (C) E. The Developer shall award all contracts for the conshuction 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 conhact(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 maybe. 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 infrastructm•e, and a maintenance on 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. To require the contractor(s) it hues to perform the construction work 2 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 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 aHow 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 aPre-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. 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. City is requiring the widening and/or shaightening of the City roads) contemplated herein. City shall not be responsible for any costs that May incurred for the relocation of any utilities that are or may be in conflict with any of the community faces to be installed hereunder. I. Developer agrees that the City shall not be responsible for• any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement and hereby releases the City from same. J. Developer agrees to provide, at its expense, all necessary rights of way and 3 easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. K. Developer will 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 not such iniuries, death ordamakes are caused, in whole or in part, by the allezed neWizence of the City of Fort Worth, its o[ Licers, servants, or employees. 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 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. L. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a no 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. M. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and All" terial testing fees equal to two percent 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 conshuction 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. 5 COST SUMMARY TABLE Items A. Water and Sewer Construction 1, Water 2, Sewer Water Construction Cost Sub -Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights 4. Street Name Signs TPW Construction Cost Sub -Total Total Construction Cost (excluding the fees): Construction Fees: C. Water Inspection Fee (2%) D. Water Material Testing Fee (2%) Sub -Total for Water Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) Sub -Total for TPW Construction Fees Total Construction Fees: Developer's Cost $1331 600.00 $21,495,00 $155, 095.00 $155,095.00 $3,101,90 $3,101.90 $6,203,80 $0.00 $0.00 $161,298.80 6 The Checked 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 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, apd said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this day of y1.iQ'Ln 2009. CITY OF FORT WORTH E"�4�9 — ernando eosTa Assistant City Manager Recommended by: Transportation &Public Works Department William Verkest, P.E. Director Water Department f' A Wendy Chi-B lal, EMBA, P.E. Water Develojoent Engineering Manager Approved as to Form & Amy J. Rhms� Assistant City ATTEST: Marty Hendrix City Secretary DEVELOPER University of North Texas System A � ch rd Escalante Vice Chancellor for Administrative Services OFFIClRlR�CGIRU COTY S�CR�TARY F. WORTH, TX Y y�Nb �81 P� iww1 _ �►4ih ��IW❑SIN �❑I�IS�H M�I/�1S M ��❑W❑❑1N0 (j i l CY L Vt� irr Elm �. a�Z C7�3r� U F w a `� � , 133?J1.S l.2"3nN91N0'n cc v w v ¢ � 3 > W Y Q co> n W J (n V1 CI Q Q W > W Li z Li N CL c l7 OLJ I W U c ¢w > cn WLi t- c � tv w c > w �-c 7 w c W CJ k x W W J J a a w w t a a 1332J1S 3 �3�SdH c? 7 UNIT I: W /A I rLR (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No, refers to related items in the Part D Special Conditions:) Item Approx. Utut Item Description Unit price Total Amount No. Quantity Measure "D" Item reference ment UNIT 1: WATER 1. 680 L.F. 8" Water Main Per Linear Foot Twenty Nine Dollars & No Cents $29.00 $19,720.00 2. 6 Ea. 8" Gate Valve & Box Per Each One Thousand Two Hundred Ten Dollars & No Cents $1,210.00 $75260.00 3, 1 Ea. Fire Hydrant Assembly Per Each Five Thousand Three Hundred Dollars & No Cents $51300.00 $55300,00 4. 2 Ea. 2" Meter with Box Per Each One Thousand Nine Hundred Fifty Dollars & No Cents $19950.00 $31900.00 ;. 1 Ea. 6" Gate Valve with Meter Box Per Each Eleven Hundred Dollars & No Cents $1,100.00 $15100600 6, 2 Ea. 8x8 Taping Sleeve and Valve Per Each Three thousand Four Hundred Sixty Five Dollars & No Cents $37465.00 $61930.00 N: JUB\U 11241'Spcc`.Ol I'_'41.Utilities 20090904.doc B-2 Updated September 9, 2009 Item Approx. Unit e Item Description Unit Price Total Amount No. Quantity Measu "D" Item reference merit UNIT I: WATER T 102 L.F. PVC DR-14- 4" Water Line Per Linear Foot Twenty Dollars & No Cents $20.00 $21040.00 8. 2.1 Ton Cast Iron Fittings, Furnish and Install Complete in Place Including Concrete Blocking, Per Ton Seven Thousand Three Hundred Fifty Dollars & No Cents $71350.00 $151435.00 91 98 L.F. Open Cut Existing Asphalt Pavement Per Linear Foot Forty Four Dollars & No Cents $44.00 $4,312900 10. 1 L.S. Storm Water Management Per Lump Sum Six Hundred Dollars & No Cents $600.00 $600.00 11. 10 C.Y. Class B (2500) Encasement Per Cubic Yard One Hundred Thirty Five Dollars & No Cents $135.00 $19350600 12. 10 C.Y. Class E (1500) Encasement Per Cubic Yard One Hundred Fifteen Dollars & No Cents $115.00 $10150000 13. 10 C.Y. Crushed Limestone Per Cubic Yard Thirty Two _ Dollars & No Cents $32.00 $320600 14. 10 C.Y. Ballast Stone Per Cubic Yard Thirty Two Dollars & No Cents $32.00 $320.00 N �JUB\U 1124 I �SpeaK) 11241.Utilities 20090909.doc 9-3 Updated Scptember 9, 2009 Unit Unit Total Item Approx. Measure Item Description price Amount No. Quantity "D" Item reference ment UNIT 1: WATER 15, 680 L.F. Trench Safety (Water Main) Per Linear Foot Two Dollars & Fifty Cents $2.50 $19700.00 16. 1 L.S. Traffic Control Per Lump Sum Twelve Thousand Two Hundred Dollars & No Cents $12,200,00 $127200.00 IT 1 L.S. Trench Pavement Repair, Including Inductance Loop Repair and Flowable Fill Per Lump Sum Forty Thousand Six Hundred Dollars & No Cents $409600.00 $40,600.00 18. 3 Ea. Connection to Existing Mains Per Each Three Thousand One Hundred Twenty One Dollars & $39121,00 $9136100 No Cents 19. TOTAL AMOUNT BID WATER $133,600.00 N:JdB\01124LiSpec\U11241.Utilitirs30090909.doc B-4 Updated September9,2009 _� �� v /-1 —_� 1332i1S ,l?�'3v�t]'JiNN�n` a a. D' Y 0 i332i1s ��3NsaH � /--1 � ,�� P �� �(( �n � �r1 ��I I f .� �', QC 0 W Y CL J v © k ti; 3 �v } Q' W � J H � _ _r Z Z .: Q 2 :i, a: a ,.. U N O C O V a 0 i d O ' 0 c i �; �_ z ± i � � V � Q O a +� Q z "f UNIT 11: SANITARY SEWER Item Approx. Unit Item Description Unit price Total Amount No. Quantity Measure "D" Item reference ment UNIT II: SANITARY SEWER ] . 1 Ea. Construct Standard 4' Diameter Manhole Per Each Seven Thousand Eight Hundred Dollars & No Cents $7,800.00 $73800,00 ?, 1 Ea. Vacuum Test for Manholes Per Each One Hundred Sixty Five Dollars & No Cents $165.00 $165.00 3. 1 L.S. Traffic Control Including Flagmen Per Lump Sum One Thousand Seven Hundred Fifty Dollars & No Cents $17750.00. $11750,00 4, 1 L.S. Trench Pavement Repair Including Trench Safety and Flowable Fill Per Lump Sum Eleven Thousand Seven Hundred Eighty Dollars & No Cents $111780.00 $113780900 TOTAL AMOUNT BID SANITARY SEWER $219495.00 Unit I —Water Unit II —Sanitary Sewcr TOTAL PART B -PROPOSAL (Cont.) $133 600.00 $155 095.00 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 Devcloper. Tlie undersigned bidder certified that he has obtained at least one set of the General Contract Documents and C;eneral Specifications for Water Department Projects dated January I, 1978, and that he has read N:VUR1011341'SpniUI1241.Utililies2U090909.doc B-5 Updated September9,2009