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HomeMy WebLinkAboutContract 407875 0 COMMUNITY FACILITIES AGREEMENT - THE OTATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. Lk WHEREAS, the undersigned Independent School District, "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, ahome-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: Name: Dwayne Jones Title: Executive Director of Business Services Company: Crowley Independent School District Project Name: Water Improvements to serve Crowley ISD Agricultural Facilities Project Location: Streets: 1800 Cleburne Crowley Road at Cleburne Crowley Junction OFFI�tr�.� RECOR® RETARY' FT: WORTH, TX Mapsco: 117K Council District: 0 09-15-10 A10:30 IN CFA:2010-022 DOE: 6116 City Project No.: 01221 NOW,-3EREFORE, KI�tOW 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 Cowlcil 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 it 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 constnzction 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) ;Paving (B) ;Storm Drain (B-1) ;Street Lights & Signs (C) 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 2 administered i�1 conformance with paragraph 8. Section Il, of the Policy. F. For all infrastructure included in this Agreement for which the Developer awards constriction 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 �vorlc is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. "fo require the contractors) 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 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, 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 3 submittal should occur no less then 10 working days prior to the desired date of the meeting. No construction will cozf�rnence tivithout aCity-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. City is requiring the widening and/or straightening of the City roads) contemplated herein. City shall not be responsible for any costs that may be incun•ed for the relocation of any utilities that are or may be in conflict with any of the community facilities 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 easements across property owned by Developer and required for the constnzction 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 inlasries, death ortlama�es are caccserl, in whole or in part, by the alleged nealiaence of the City of Fort Worth, its officers, 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 4 and delivered to the City an indemnity agreement from such contractors on a foam 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 non- exclusive right to enforce the contracts entered into by the Developer with its conh•actor 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 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. 5 C®S'�` SuiYli�iARY i'ABLE Items Developer's Cost A. Water and Sewer Construction 1. Water $77,298.56 2. Sewer $0.00 Water/Sewer Construction Cost Sub -Total $77,298.56 B. TPW Construction 1. Street $0.00 2. Storm Drain $0.00 3. Street Lights $0.00 4. Street Name Signs TPW Construction Cost Sub -Total $0.00 Total Construction Cost (excluding fees): $77,298.56 Construction Fees: C. Water Inspection Fee (2%) D. Water Material Testing Fee (2%) Sub -Total for Water/Sewer Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) Sub -rota! for TPW Construction Fees Total Construction Fees: $1, 545.97 $1,545.97 $3,091.94 $0.00 $0.00 $0.00 $3,091.94 The Chec��F.;d IViiust be Included as Attachments to this Agrc��ment In�:.luded 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 I'i I TESTIMONY WHEREOF, the City of Fort Worth has caused this instniment to be executed in quadruplicate in its name and on its behalf by its Assistant City ivlanager, attested by its City Secretary, with the corporate seal of the City affix-ed, and said Developer has executed this instrument in quadruplicate, at Fort Worth, Texas this (�� � day of , 20l 0. CITY OF FORT WORTH �� ��• Fernando Costa Assistant City Manager Recommended by: Transportation &Public Works Department �,7� William A. Verkest, P.E. Director Water Department Manager Approved as to Form &Legality: Amy J. Ramsey � i Assistant City Attorney ATTEST: Marty Hendrix City Secretary DEVELOPER Crowley Independent School District iU �� °x 0 �- o o -�( � ?���i,,�_`��R��oaa �e Jones Dir. of Business Services s APR. 2010 LOCATION MAP TEAGUE HALL AND PERK/NS 1f00 Macon Streot Fort Worfh, Texas 78102 Phone:l817)998-6779�Fax:(817)93B-2B19 www.tnp-onlln.�.com CITY OF FORT WORTH, TEXAS LOCATION MAP FOR IMPROVEMENTS TO SERVE CROWLEY AG BARN LOCATION MAP bN l oyd.wo 3AH3S Ol a.�rM e 3X0a: 12WOMEN 1Inwe cm € _ / -sE Ei °je 53 5f4 ig ia3 S c s �% 569E5€ o y d a '= sei $ ' sae s = agi auAte_ yyHUI %�:g$ cs a sp 3s jig S h9 y$• •= pl € 6 In Fpn' ;s�F DOE .� g` • c as{ •"Wic ^ `SI 'h$g'Y°g� h �' $'s % : s 1 q �ek't h, Or`za� s]3€35 afrgs € �A L[a EI €E: =i 9i' jk3gee 'a8° 5h hfie•sE'6s= s' s xs IV a=^,jg€=Etl OV�� gANgE E ${i g{3 @S :a� �3 It l gC{V(i oc0 E ` bs% S- Eks 4 �e a$I sls€$s > $ zg ,Fs� s4.s s• �a=Pg�Ya 5g a Y s n ya e; Asa jai � i fll3effa.5s 'eta Ja r6a Fit zi ea� s9 is V V LL ig ��; 9. d rase S �'s%s=s.s' :` a! 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CD_ 0 - x Lli o rQ 1i N a N U 3 j� Z �r Z ( ' �O WLd � �Z w v� o� CQ oja a Q ~ co LO a1s M� wrn Q I �m N N N CO N m NNE W CO m ® r U } COUO �> yaica K a e m L Oago n Of O ~ ` I— O c m s z -' E z c3q 3 z � LQ 4 c �1 Z N 4 tn Z o i U FIZZ O Qi CO Z Z, U99 or lamu gam. a:m- G/_.._._.._....____ 4 co O W� W J U') CD 3: zooms i O 0 Of 0 O 0 i J raN H N j If o PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: Crowley Independent School District 512 Peach Street Crowley, Texas 76036 PROPOSAL FOR: Water Improvements to Serve Crowley ISD Agricultural Facilities Tarrant CoupAy TJ CITY PROJECT No. 01221 D.O.E. No. 6116 WATER PROJECT P265-600150122183 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of paving facilities and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Water Improvements to Serve Crowley ISD Agricultural Facilities Road Tarrant County ETJ Note: Construction staking for this project shall be performed by the Contractor. Part C General Conditions for Developer Awarded Project C5-5.7 and Part D Special Conditions D-63 shall be reworded accordingly to state that the Contractor is responsible for all construction staking. Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the General Contract Documents and General Specifications for Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, 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 specified 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 Director of the Department of Engineering 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 following sums: F� WORTH, TX Water Improvements to serve Crowley ISD Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROD. P265-600150122183 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) UNIT I: WATER IMPROVEMENTS 1. 1336 LF 12" Water Line Per Linear Foot: Twenty Six Dollars and Forty Seven Cents 2. 10 LF 8" Water Line Per Linear Foot: Thirty Nine Dollars and Six Cents 3. 12 LF 6" Water Line Per Linear Foot: Twenty Seven Dollars and Fifty Four Cents 4. 10 LF 4" Water Line Per Linear Foot: Twenty Eight Dollars and Ninety Three Cents 5. 1 EA 36" x 12" Tapping Sleeve Per Each: Five Thousand Eight Hundred Thirty Four Dollars aA Ninety Seven Cents 6. 3 EA 12" Gate Valve Per Each: One Thousand Eight Hundred Forty Three Dollars $ 26.47 $ 35,363.92 390.60 $ 27.54 $ 330.48 $ 28.93 $ 289.30 $ 5,834.97 $ 5,834.97 and Forty Cents $ 1,843.40 $ 5,530.20 B-2 Water Improvements to serve Crowley IS D Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROJ. P265-600150122183 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 7. 9. 10 11 12 2 1 1 1 25 1 EA EA LF EA 8" Gate Valve Per Each: One Thousand One Hundred Dollars and Nine Cents $ 1,110.09 $ 2,220.18 6" Gate Valve Per Each: Eight Hundred Twentv Four Dollars and Sixty Four Cents $ 824.64 $ 824.64 4" Gate Valve Per Each: Seven Hundred Forty Dollars and Twentv Three Cents $ 2" Service Tap to Main Per Each: Six Hundred Eight Dollars 10 0 2" Service Line Per Linear Foot: 740.23 Cents $ 608.00 Thirty Six Dollars and Seven Cents 3" Meter Vault with Bypass Installation Per Each: Five Thousand Eight Hundred Sixty Six Dollars and Ninety Nine Cents $ 740.23 •1: 1� $ 36.07 $ 901.75 $ 5,866.99 $ 5,866.99 L�3 Water Improvements to serve Crowley ISD Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROJ. P265-600150122183 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 13. 1 EA Furnish and Set Class B Meter Box Per Each: Three Hundred Forty Four Dollars and Seventy Two Cents 14. 1 EA Fire Hydrant Per Each: Two Thousand Five Hundred Dollars and Eighty Two Cents 15. 62 LF Installation By Other Than Open Cut Per Linear Foot: Forty Two Dollars and Fourteen Cents 16. 1 TN Fittings Per Ton: Five Thousand Two Hundred Thirty Two Dollars and Thirty Two Cents 17. 1368 LF Hydrostatic Testing Per Linear Foot: Zero Dollars and Forty Eight Cents 18. 1368 LF Trench Safety Per Linear Foot: Zero Dollars and Fifty Three Cents $ 344.72 $ 344.72 $ 2,500.82 $ 2,500.82 $ 42.14 $ 2,612.68 -In5,232.32 $ 5,232.32 GJ, $ 656.64 $ .53 $ 725.04 Water Improvements to serve Crowley ISD Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROJ. P265-600150122183 Item Approx. Description of Item With Unit Total No. Quantity Unit Bid Price Written in Words Price Amount Bid (Furnish and install, including all appurtenant work, complete in place the following items.) 19. 1 LS Erosion Control Per Lump Sum: Five Thousand Five Hundred Thirty Six Dollars and Forty One Cents $ 5,536.41 $ 5,536.41 20. 1 LS Traffic Control Per Lump Sum: Seven Hundred Eighty Eight Dollars and Sixty Seven Cents $ 788.67 $ 788.67 UNIT I: TOTAL WATER IMPROVEMENTS $ 77,298.56 21. 1 LS Owner's Betterment Per Lump Sum: Thirty thousand Dollars And Zero Cents It 30,000.00 $ 30,000.00 TOTAL AMOUNT BID $ 1079298.56 [ 1 i Water Improvements to serve Crowley ISD Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROJ. P265-600150122183 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 undersigned proposer certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful proposer shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes. 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction, which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400, The Proposer agrees to begin construction within Ten (10) calendar days after issue of the work order, and to complete the contract within thirty (30) working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident proposers in the State of ,our principal place of business, are required to be percent lower than resident proposers by state law. A copy of the statute is attached. Non resident proposers in the State of ,our principal place of business, are not required to underbid resident proposers. The principal place of business of our company or our parent company or majority owner is in the State of Texas. i i I a 1 1 Water Improvements to serve Crowley IS D Agricultural Facilities CITY PROJ. No. 01221, DOE No. 6116, WATER PROD. 13265-600150122183 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 proposal: Addendum No. 1 (Initials) Ot� Addendum No. 3 (Initials Addendum No. 2 (Initials)jr2Li I.Addendum No. 4 (Initials) Respectfully submitted, A/ A 5 Mwj)'c . 1 ° 'o - END OF PROPOSAL- 0/