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HomeMy WebLinkAboutContract 50791 Received Date: 05/31/2018 Received Timel:52 p.m. Developer and Project Information Cover Sheet: Developer Company Name: Texas Christian University Address, State,Zip Code: P O Box 297041,Fort Worth,Texas 76129 Phone&Email: F817-257-7000//brian.gutierrez@tcu.edu Authorized Signatory,Title: Brian Gutierrez, Vice Chancellor for Finance&Admin Project Name: South Core Administration Building Brief Description: Water, Sewer Project Location: West Berry Street and Bellaire Dr-Corridor between Stadium Dr and University Dr Plat Case Number: None Provided Plat Name: Not Provided Mapsco: 76E Council District: 3 & 9 CFA Number: 2018-023 City Project Number: 101427 OFFICIAL RECORD C17Y SECRETARY FT YI olffl%Y"X City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 1 of 12 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 50791 WHEREAS, Texas Christian University, ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements")related to a project generally described as South Core Administration Building ("Project") within the City or the extraterritorial jurisdiction 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 collective Improvements for 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 11, 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 Improvements. Developer further acknowledges that said acceptance process requires evelo er's contractor(s) City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 CITY 3ECRETARy Page 2 of 12 FT. WO RTH, 77( to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer 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 describe the Improvements and are incorporated herein: Water(A) ®. Sewer(A-1) ®.Paving(B) : 1. Storm Drain(13-1) L_ Street Lights & Signs (C) ❑, E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. 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 ways and/or prequalified to perform water/wastewater 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 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 work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 3 of 12 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 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, if any, 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, unless otherwise agreed to by City, 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 required herein. I. City shall not be responsible for payment of 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 Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 4 of 12 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, its 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, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, 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 injuries, 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. City of Fort Worth,Texas Standard Community Facilities Agreement- South Core Administration Building CFA Official Release Date: 02.20.2017 Page 5 of 12 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 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 City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 6of12 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 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. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. R. IMMIGRATION AND NATIONALITY ACT Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all l-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,DEVELOPER'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 7 of 12 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date: 02.20.2017 Page 8 of 12 Cost Summary Sheet Project Name: South Core Administration Building CFA No.: 2018-023 City Project No.: 101427 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 $ 521,120.46 2.Sewer Construction $ 557,567.31 Water and Sewer Construction Total $ 1,078,687.77 B. TPW Construction 1.Street $ 2.Storm Drain $ 3.Street Lights Installed by Developer $ 4. Signals $ TPW Construction Cost Total $ Total Construction Cost(excluding the fees): $ 1,078,687.77 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 21,573.76 D. Water/Sewer Material Testing Fee(2%) $ 21,573.76 Sub-Total for Water Construction Fees $ 43,147.52 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ G. Street Light Inspsection Cost $ H. Signals Inspection Cost $ H. Street Signs Installation Cost i , r_=, Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 43,147.52 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 1,078,687.77 Completion Agreement=100%/Holds Plat $ 1,078,687.77 Cash Escrow Water/Sanitary Sewer-125% $ 1,348,359.71 Cash Escrow Paving/Storm Drain=125% $ Letter of Credit=125%w/2yr expiration period $ 1,348,359.71 x City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date: 02.20.2017 Page 9 of 12 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 Texas Christian University Jesus J.Chapa(May 30,'2018) Jesus J. Chapa Assistant City Manager g�iarv�, ��cties�ez Date: May 30,2018 Brian G.Gutierrez T4ay 30,2018) Name: Brian Gutierrez Recommended by: Title: Vice Chancellor for Finance & Admin E✓elvn Robes May 30 2018 Evelyn Roberts(May 30,2018) Date: Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the Approved as to Form & Legality: person responsible for the monitoring and administration of this contract, including &LlAk1,4 R(CA-Zl(ge ensuring all performance and reporting Richard A.McCracken(May 30,2018) requirements. Richard A. McCracken Assistant City Attorney �2 M&C No. N/A ifer L.Eze6 c for(May 30,2018) l/ Date: Name: Janie Morales Form 1295: N/A RT Title: Development Manager � A. . ATTEST: Mary J. r(Ma ,2018) Mary J. Kayser/Ronald Gon PEXP City Secretary/Assistant City Se OFFICIAL RENRI) CITY SECRETARY City of Fort Worth,Texas FT WORTH TX Standard Community Facilities Agreement-South Core Administration B ilding CFA Official Release Date: 02.20.2017 Page 10 of 12 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 Improvements z Exhibit A-1: Sewer Improvements Exhibit B: Paving Improvements Di Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements ® Water, Sewer Signed Bid Costs (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 11 of 12 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101427 None. City of Fort Worth,Texas Standard Community Facilities Agreement-South Core Administration Building CFA Official Release Date:02.20.2017 Page 12 of 12 00 42 43 DAP-BID PROPOSAL Page 1 of3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value UNIT I:WATER IMPROVEMENTS 1 0241.0100 Remove Sidewalk 0241 13 SF 536 $3.49 $1,870.64 2 1241.0401 Remove Concrete Drive 0241 13 SF 215 $4.02 $864.30 3 0241.1000 Remove Conc Pvmt 0241 15 SY 1634 $25.02 $40,882.68 4 0241.1118 4"-12"Pressure Plug 0241 14 EA 4 $658.62 $2,634.48 5 0241.1218 4"-12"Water Abandonment Plug 0241 14 EA 1 $651.78 $651.78 6 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 390 $10.89 $4,247.10 7 13201.0616 Conc Pvmt Repair,Arterial/Industrial 3201 29 SY 1634 $104.96 $171,504.64 8 3213.0301 4"Conc Sidewalk 32 13 20 SF 536 $9.92 $5,317.12 9 3213.0401 6"Concrete Driveway 32 13 20 SF 215 $8.32 $1,788.80 10 3214.0200 Brick Pvmt Repair 32 14 16 SY 1 $1,134.35 $1,134.35 11 3216.0101 6"Conc Curb&Gutter 32 16 13 LF 390 $37.94 $14,796.60 12 3304.0101 Temporary Water Services 33 04 30 LS 1 $12,793.40 $12,793.40 13 3305.003 8"Waterline Lowering 33 05 12 EA 1 $8,805.80 $8,805.80 14 3305.005 12"Waterline Lowering 33 05 12 EA 2 $7,403.98 $14,807.96 15 3305.0109 Trench Safety 33 05 10 LF 1448 $12.31 $17,824.88 16 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 3.85 $5,067.68 $19,510.57 17 3311.0041 4"Water Pipe 3311 10,33 LF 14 $70.97 $993.58 18 3311.0141 6"Water Pipe 3311 10,33 LF 32 $27.65 $884.80 19 3311.0241 8"Water Pipe 3311 10,33 LF 42 $84.37 $3,543.54 20 13311.0341 10"Water Pipe 3311 10,33 LF 11 $137.18 $1,508.98 21 3311.0441 12"Water Pipe 3311 10,33 LF 1264 $94.65 $119,637.60 22 3311.0541 16"Water Pipe 33 11 10,33 LF 19 $101.52 $1,928.88 23 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 8 $403.33 $3,226.64 24 3312.3002 6"Gate Valve 33 12 20 EA 2 $1,410.84 $2,821.68 25 3312.3003 8"Gate Valve 33 12 20 EA 4 $1,854.94 $7,419.76 26 3312.3004 10"Gate Valve 33 12 20 EA 2 $2,472.93 $4,945.86 27 3312.3005 12"Gate Valve 33 12 20 EA 5 $2,743.64 $13,718.20 28 3471.0001 Traffic Control 3471 13 MO 4 $8,886.96 $35,547.84 29 3471.0002 Portable Message Sign 3471 13 WK 2 $2,754.00 $5,508.00 30 31 32 33 34 35 36 37 38 39 40 41 42 43 TOTAL UNIT 1:WATER IMPROVEMENTS $521,120.46 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version Felnnary 16,2018 Bid Pmposal_DAP_Rev_02-16-18.xls 00 42 43 DAP-BID PROPOSAL Page 2 of 3 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value UNIT II:SANITARY SEWER IMPROVEMENTS 1 0241.1000 Remove Conc Pvmt 0241 15 Sy 571 $25.021 $14,286.42 2 0241.1100 Remove Asphalt Pvmt 0341 15 Sy 1792 $10.25 $18,368.00 3 0241.2102 6"Sewer Abandonment Plug .0241 14 EA 4 $159.10 $636.40 4 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 2 $520.37 $1,040.74 5 3201.0117 10'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 1242 $103.08 $128,025.36 6 3201.0302 3"Extra Width Asphalt Pavement Repair 3201 17 Sy 445 $92.53 $41,175.85 7 13201.0616 Conc Pvmt Repair,Arterial/Industrial 3201 29 Sy 571 $104.96 $59,932.16 8 3301.0001 Pre-CCTV Inspection 3301 31 LF 1125 $1.37 $1,541.25 9 3301.0002 Post-CCTV Inspection 3301 31 LF 1669 $1.37 $2,286.53 10 3301.0101 Manhole Vacuum Testing 3301 30 EA 7 $170.90 $1,196.30 11 3303.0001 Bypass Pumping 33 03 10 LS 1 $20,508.37 $20,508.37 12 3305.0109 Trench Safety 33 05 10 LF 1669 $1.37 $2,286.53 13 3305.0112 Concrete Collar 33 05 17 EA 3 $439.37 $1,318.11 14 13305.0113 Trench Water Stops 33 05 15 EA 5 $1,919.88 $9,599.40 15 3331.4108 8"Sewer Pipe 3311 10,33 LF 1606 $103.76 $166,638.56 16 3331.4116 8"Sewer Pipe,CSS Backfill 3311 10,33 LF 63 $219.97 $13,858.11 17 3339.0001 Epoxy Manhole Liner 33 39 60 VF 65 $218.76 $14,219.40 18 3339.1001 4'Manhole 33 39 10,33 EA 5 $5,029.85 $25,149.25 19 3339.1002 4'Drop Manhole 33 39 10,33 3 EA 2 $5,576.74 $11,153.48 20 3339.1003 4'Extra Depth Manhole 33 39 10,33 VF 31 $785.39 $24,347.09 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 TOTAL UNIT II:SANITARY SEWER IMPROVEMENTS $557,567.31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Folin Version Febmuy 16,2018 Bid Proposal_DAP_Rev_02-16-18.xls 004241 DAP-BID PROPOSAL. Page 5 of 5 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No, Measure Quantity Bid Summary UNIT I:WATER IMPROVEMENTS $521,120.46 UNIT II:SANITARY SEWER IMPROVEMENTS _ $557,567.31 Total Construction Bid $1,078,687.77 This Bid is submitted by the entity named below: BIDDER: BY: f _ J� '�b f� f�ftiF DTTITLE, r�S:� Contractor agrees to complete WORK for FINAL ACCEPTANCE within calen ar days aftcr the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Version February 16,2018 Bid Proposal_DAP_Rev_02-16-18.xis o - y Q - 1 SSS U) • a as PROJECT LOCATION z - o Zj) a - a f �- . 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