HomeMy WebLinkAboutContract 48434 CITY SECRETARY �
ONTRACT NO.
Developer and Project Information Cover Sheet:
Governmental Entity/ISD Name: Fort.Worth Independent School District
Address, State,Zip Code: 100 N.University Fort Worth, TX 76107
Phone&Email: 817-317-7750,kent.scribner@fwisd.org
Authorized Signatory, Title: Dr. Kent Paredes Scribner, Superintendent of Schools
Project Name and Brief VPA STEM Academy
Description:
Project Location: 1411 IM Terrell Circle S
Plat Case Number: FS-15-221 Plat Name: Chambers Addition
Mapsco: F-77B Council District: 8 City Project Number:
CFA Number: 2016-035 DOE Number: None
To be completed
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Received by: Date:
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City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement tFT.
IAL RECORD
CFA Official Release Date: 07.30.2015 SECRETARY
Page 1 of 11
ORTH, TX
GOVERNMENTAL ENTITYASD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS,the undersigned Governmental Entity("Developer") desires to make certain
specific improvements as described below and on the exhibits attached hereto ("Improvements")
related to a project generally described as VPA Stem Academy ("Project") within the City of Fort
Worth, Texas ("City"); and
WHEREAS, the City has no obligation to participate in the cost of the Improvements or
Project; and
WHEREAS,any future City participation in this CFA is subject to the availability of City
funds and approval by the Fort Worth City Council and shall be memorialized as an amendment
to this Agreement; and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement("CFA" or"Agreement") in connection with the Improvements and the Project.
NOW, THEREFORE, 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, 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 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 or by providing written certification from the Developer's Chief Financial Officer(or equivalent
position regardless of title)that the Developer(governmental entity)has appropriated sufficient funds to
pay its contractor for all work to be performed under this Agreement. Developer recognizes that there
shall be no reduction in the any financial security held by the City until the Project has been
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 2 of 11
completed and the City has officially accepted the Improvements. Developer further
acknowledges that the said acceptance process requires the Developer's contractor(s)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 any sub-contractors and suppliers in full. Additionally, the
contractor must also provide in writing that the contractor has been paid in full by Developer
for all the services provided under their 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 describe the Improvements and are incorporated herein: Water
(A) ®I, Sewer(A-1) 21, Paving (B) ®, Storm Drain (B-1) ❑, Street Lights & Signs (C) FA.
E. If there is City financial participation in the Project, the Developer shall award all contracts for
the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy,
subject to any limitations in Texas Local Government Code Chapter 212, Subchapter, or under
statutes governing Developer's award of public works contracts. 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 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 prequalified, insured, licensed and bonded to do work in public
streets and/or 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 Improvements, and a maintenance bond in the name of the City for one hundred
percent(100%)of the contract price of the Improvements valid for a period of two(2)years
from the date of final acceptance insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be furnished before
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 3 of 11
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 required by said
documents and same will be evidenced on the Certificate of Insurance (ACORD or other
state-approved form) supplied by the contractor's insurance provider and bound in the
construction contract book.
iv. To require its contractor to give at least 48 hours' advance notice of intent to commence
construction to the City's Construction Services Division so that City inspection personnel
will be available; to require the contractor to allow the construction to be subject to
inspection at any and all times by City inspection forces, to not 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
in order 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 shall provide, at its expense, all engineering drawings and documents necessary to
construct the improvements under this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements contemplated 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 the community facilities to be installed
hereunder.
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 4 of 11
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 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 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 Fort Worth, its officers,servants, or employees.
M. Developer will further 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 or damages are caused, in whole or in part, by the alleged
negligence 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.
N. Upon completion of all work associated with the construction of the Improvements, Developer
will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer
City of Fort Worth, Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 5 of 11
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.
O. 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.
P. COMPLETION WITHIN 2 YEARS
i. Developer shall complete the Improvements within two (2) years, provided, however, if
construction of the Improvements has started within the two year period, the developer
may request that the CFA be extended for one additional year.
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 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 (and any extension period) the Improvements have not
been completed and accepted.
iv. The City 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 fails to pay costs of construction and the financial guarantee is not a
Completion Agreement. If the financial guarantee is a Completion Agreement and the
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 6 of 11
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 lien upon the property which is the
subject of the Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 7 of 11
Cost Summary Sheet
Project Name: VPA STEM Academy
CFA No.: 2016-035 CP No.: <DOE#>
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 Developer's Cost
A. Water and Sewer Construction
1. Water Construction $ 223,438.69
2.Sewer Construction $ 11,048.52
Water and Sewer Construction Total $ 234,487.21
B. TPW Construction
1.Street $ 336,143.77
2.Storm Drain
3.Street Lights Installed by Developer $ 102,388.90
TPW Construction Cost Total $ 438,532.67
Total Construction Cost(excluding the fees): $ 673,019.88
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 4,689.74
D. Water/Sewer Material Testing Fee(2%) $ 4,689.74
Sub-Total for Water Construction Fees $ 9,379.49
E. TPW Inspection Fee(4%) $ 13,445.75
F. TPW Material Testing(2%) $ 6,722.88
G. Street Light Inspsection Cost $ 4,095.56
H. Street Signs Installation Cost $ -
Sub-Total for TPW Construction Fees $ 24,264.18
Total Construction Fees: $ 33,643.67
Choice
Financial Guarantee Options,choose one Amount Mark one)
Bond= 100% $ 673,019.88
Completion Agreement= 100%/Holds Plat $ 673,019.88
Cash Escrow Water/Sanitary Sewer=125% $ 293,109.01
Cash Escrow Paving/Storm Drain= 125% $ 548,165.84
Letter of Credit= 125%w/2yr expiration period $ 841,274.85
Statement of Appropriated Fundin For Governmental Entit /ISDs ONLr x
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 8 of 11
ACCORDINGLY, the City of Fort Worth and Developer have each caused this instrument to be
executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as
of the date executed by the City's City Manager or his/her designee.
CITY OF FORT WORTH DEVELOPER
Fort Wort Indep rldfnt School District
Jesus J. Chapa
Assistant City Manager Name: Dr. KeItt Paredes Scribner
?jU /� Title: Superintendent of Schools
Date: / � /
Date: I/
1
Recommended by:
ATTEST: (Only if required by Developer)
G
Wendy Chi Babulal, EMBA, P.E.
Development Engineering Manager Signature
Water Department Name: <Name>
a� /L Ci . L--�
Douglas W. Wiersig, P.E.
Director
Transportation & Public Works Department ° A °0
0
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Approved as to Form & Legality: $ a
ATTEST: °° 0 �
AS
Richard A. McCracken l
Assistant City Attorney Aary J. K
e2r tart'
M&C No. lj/d City S6
Date: a Z9 bk
Fes. 1299-: N/A
City of Fort Worth, Texas KOFFICIAL RECORD
Governmental Entity/ISD Community Facilities Agreement CRE'TARYCFA Official Release Date: 07.30.2015Page 9 of 11 RTH, TX
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
Attachment 1 -Changes to Standard Community Facilities Agreement
Location Map
Exhibit A: Water Improvments
�I Water Cost Estimate
FA Exhibit A-1: Sewer Improvements
Sewer Cost Estimate
Exhibit B: Paving Improvements
Paving Cost Estimate
❑ Exhibit B-1: Storm Drain Improvements
❑' Storm Drain Cost Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Cost Estimate
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 10 of 11
ATTACHMENT"1"
Changes to Standard Agreement
Governmental Entity/ISD Community Facilities Agreement
City Project No.
None
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 07.30.2015
Page 11 of 11
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00 42 43
DAP-BID PROPOSAL
Page 1 or 14
SECTION 00 42 43
PROPOSAL FORM-VPA STEM Academy-City Project No. 100226
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
Unit I-Water and Sewer Improvements
1 0241.1012 Remove 6"Water Line 0241 14 LF 1100 $ 15.88 $ 17,468.00
2 0241.1015 Remove 12"Water Line 0241 14 LF 600 $ 15.88 $ 9,528.00
3 9999.9999 Remove Existing Water Service 0241 14 EA 5 $ 1,185.00 $ 5,925.00
4 3304.0101 Temporary Water Services 33 04 30 LS 1 $ 3,945.00 $ 3,945.00
5 3305.0109 Trench Safety 33 05 10 LF 817 $ 5.64 $ 4,607.88
6 3311.0441 12"Water Pipe 3311 10,33 LF
1112 817 $ 126.83 $ 103,620.11
7 3312.0001 Fire Hydrant 331240 EA 4 $ 5,298.78 $ 21,195.12
8 3312.0002 Water Sampling Station 33 12 50 EA 2 $ 2,250.00 $ 4,500.00
9 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 2 $ 1,352.00 $ 2,704.00
10 3312.2801 3"Water Meter and Vault 33 12 11 EA 1 $ 5,073.00 $ 5,073.00
11 3312.2802 4"Water Meter and Vault 33 12 11 EA 1 $ 6,764.40 $ 6,764.40
12 3312.3002 6"Gate Valve 33 12 20 EA 6 $ 2,931.24 $ 17,587.44
13 13312.3005 12"Gate Valve 33 1220 EA 7 $ 2,931.24 $ 20,518.68
Unit I-Water Improvements $223,436.63
14 13331.3201 6"Sewer Service 3331 50 EA 1 $5,637.00 $5,637.00
15 3339.1001 4'Manhole 33 39 10,33 EA
13920 1 $5,411.52 $5,411.52
Unit I-Sewer Improvements $11,048.52
EXU
-
2016-09-15
CITY OF FORT WORTH VPA STEM ACADEMY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100226
Form Version September L 2015 004243 Bid Proposal_DAP(2016-09-15)
00 42 43
DAP-BID PROPOSAL
Page 2 or 14
SECTION 00 42 43
PROPOSAL FORM-VPA STEM Academy-City Project No. 100226
UNIT PRICE BID Bidder's Application
Project Item Information Bidders Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
Unit II-Paving and Drainage Improvements
1 3110.0101 Site Clearing 311,1000 LS 1 $ 17,200.00 $ _ 17,200.00_
2 3471.0001 Traffic Control 3471 13 MO 3 $ 2,933.00 $ _ 8,799.00
3 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 2000 $ 5.07 $ 10,140.00
4 3123.0101 Unclassified Excavation by Plan(Roadway) 31 2316 CY 310 $ 5.64 $ 1,748.40
5 3125.0101 SW_PPP >_1 acre • 31 25 00 LS 1 $ 10,100.00 $ 10,100.00
5 3212.0302 2"Asphalt Pvmt Type"D"_ 32 12 16 SY 2002 $ 31.14 $ 62,342.28
6 3212.0501 4"Asphalt Base Type"B" 32 12 16__ SY _2002 $ -
7 3211.0313 8"Flexible Base,Type D,GRA 32 11 23 _ SY 2.685 $ 24.32 $ 65,299.20
8 3211.0400 Hydrated Lime 3311 29 LS _ 1 $ 2.4,087.00 $ 24,087.00
9 3211.0502 8"Lime Treatment 32,11 29 SY 2685 $ 13.50_ $ 36,247.50
10 3216.0101 6"Conc Curb and Gutter 3216 13 LF 1427 $ 20.33_ $ 29,010.91
11 3213.0401 6"Concrete Driveway 32 13 20 SF 20_35 $ 7.33 $ 14,916.55
12 3213.03014"Conc Sidewalk 32 13 20 SF 7609 _$_ 3.45 $ 26,251.05
13 3213.0504 Barrier Free Ramp,Type P-2 32 13 20 EA �4 $ 1,578.36 $ 6,313.44
14 3291.0100 Topsoil 3291 19 CY _ 250 $ 33.82 $ 8,455.00
15 3292.0100 Block Sod Placement _ 32 92 13 _ SY __1500 $ 3.04 $ 4,560.00
16 3441-4003 Fumish/Install Alum Sign Ground Mount City 32-1723 EA 25-$ 310.04 $ 7,751.00
17 3217.2102 REFL Raised Marker TY I-C 32 17.23_ EA 18 $ 7.89 $ 142.02
18 3217.0012 4"BRK Pvmt Marking Paint 32 17 23 LF 705 $ 1.69 $ 1,191._45
19 3217.0503 24"SLD Pvmt Marking Paint(W) 1321723 LF 113 $ 14.09 $ 1,592.17
Unit II-Paving and Drainage Improvements-Subtotal $ 336,146.97
Unit III-Street Light Improvements
20 2605.3012 2"Condt PVC SCH 80(B) 260533 LF 1086 $ 2.81 $ 3,051.66
21 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 1086 $ __ 4.13 $ 4,485.18
22 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 217_2 $ 5.91 $ 12,836.52
23 2605.0111 Elec Sery PED 266506 EA 1 $ 1,071.03 $ 1,071.03
24 3441.3002 Rdwy Ilium Assmbly Ty 8,11,D-25,and D- 344120* EA
30 -- 3I $ 14,092.00 _$ 42 276.00
�_e_
25 3441.3201 LED Lighting Fixture 3441 20 EA 3 $ 1,634.73 $ 4,904.19
26=_2605.0101 Electrical Facilities 26 05 00 LS 1 $ 22,548.00 $ 22,548.00
_ 27 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 1 $ 1,691.00 $ 1,691.00
_ 28 2605.0122_Install Elec Sery Pole Mnt 26 05_00 EA_ 1 $ 2,480.00 $ 2,480.00
29 2605.2101 Conduit Box 26 05 33 EA 2 $ 2,987.00 $ 5,974.00
30 2605.0131 Salvage Electrical Equipment(2 Pole 26 05 10 LS
Mounted Street Lights) 2 $ 535.52 $ 1,071.04
Unit III-Street Light Improvements-Subtotal $ 102,388.62
Total Construction Bid $ 673,020.74
1
$336,873.77
2016-09-15
END OF SECTION
CITY OF FORT WORTH VPA STEM ACADEMY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CITY PROJECT NO.100226
Forth Version September 1,2015 00 42 43 Bid Proposal-DAP(2016-09-15)