HomeMy WebLinkAboutContract 51160 CIN SECRETARY
CONTRACT NO. - 11 (c C'
GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, the undersigned Governmental Entity ("Developer") desires to make
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`certain specific improvements as described below and on the exhibits attached hereto
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(-improvements") related to a project generally described as The Bridges Addition ("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 OFFICIAL RECORD
CFA Official Release Date: 09.22.2016 CITY SECRETARY
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) ®, Sewer(A-1) ®, Paving (B) ❑, Storm Drain (B-1) ❑, Street Lights & Signs (C).
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.
it. 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
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 09.22.2016
Page 3 of 11
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 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: 09.22.2016
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 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
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 09.22.2016
Page 5 of 11
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 construction of
same before the expiration of two (2) years if the Developer breaches this Agreement,
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 09.22.2016
Page 6 of 11
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 1-9 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
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date: 09.22 2016
Page 7 of 11
Cost Summary Sheet
Project Name: The Bridges Addition
CFA No.: 2017-188 CP No.: 100194
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 $ 12,000.00
2.Sewer Construction $ 1,340,205.00
Water and Sewer Construction Total $ 1,352,205.00
B. TPW Construction
1.Street $ -
2.Storm Drain $ -
3.Street Lights Installed by Developer $ -
TPW Construction Cost Total $ -
Total Construction Cost(excluding the fees): $ 1,352,205.00
Construction Fees:
C. Water/Sewer Inspection Fee(2%) $ 27,044.10
D. Water/Sewer Material Testing Fee(2%) $ 27,044.10
Sub-Total for Water Construction Fees $ 54,088.20
E. TPW Inspection Fee(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: $ 54,088.20
Choice
Financial Guarantee Options,choose one Amount Mark one
Bond= 100% $ 1,352,205.00
Completion Agreement= 100%/Holds Plat $ 1,352,205.00
Cash Escrow Water/Sanitary Sewer=125% $ 1,690,256.25
Cash Escrow Paving/Storm Drain= 125% $
Letter of Credit=125%w/2yr expiration period $ 1,690,256.25
Statement of Appropriated Fundin For Governmental Entit /ISDs ONLY) x
City of Fort Worth,Texas
Governmental Entity/lSD Community Facilities Agreement
CFA Official Release Date: 09.22.2016
Page 8 of l I
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
Crowley Independent School District
Jesus J. Chapa Na e: yne Jones
Assistant City Manager Titl xec tive Director of Business
Services Q
Date: C �•I� • I fI
Date:
Recommended by:
ATTEST: (Only if required by Developer)
hrip'laakatu
J fifer ern ck
Pr ject Assistant Signature
Planning and Development Name: <Name>
ATTEST:
Approved as to Form & Legality: F oR T
Mary J. ys Z� U _
City Secretary
Richard A. McCracken
Assistant City Attorney �XAS
NIS Contract Compliance Manager:
M&C No.
Date: By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requireme ts.
Jc//--i24
Janie orales
Deve opment Manager
City of Fort Worth,Texas OFFICIAL RECORD
Governmental Entity/ISD Community Facilities Agreement CITY SECRETARY
CFA Official Release Date:09.22.2016
Page 9 of 11 FT.WORTFI,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
® Water Cost Estimate
® Exhibit A-1: Sewer Improvements
® Sewer Cost Estimate
❑ Exhibit B: Paving Improvements
❑ Paving Cost Estimate
❑ Exhibit B-l: 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:09.22.2016
Page 10 of 11
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00 42 43
DAP-BID PROPOSAL
Page 1 of 4
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Biddees Proposal
Bidlist Item Specification Unit of Bid
No Description Section No. Measure Quantity Unit Price Bid Value
UNIT I:WATER IMPROVEMENTS
1 9999.0000 1"Water Line LF 325 $20.00 $6 500.00
2 9999.0001 Yard Hydrant EA 1 $2,000.00 $2,000.00
3 3312.2003 1"Water Service 33 12 10 EA 1 $2,500.00 $2,500.00
4 9999.0002 1"Double Check Backflow Preventor w/Box EA
1 $1,000.00 $1,000.00
5
6 �. _..._
7
8
10
12
13
14
15
16
................ ..... ......
17
18
19
20
21
22
_. _ _._ . . ............ ........... ........
23
24-
25
27
26
28
29
30
3133
32
35
36
37
38
39
............. ..............................................................___.... . .... _____..__. _.__.._.
40
41
42
43
44
45
TOTAL UNIT I:WATER IMPROVEMENT $12,000.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 42 43—Bid Proposal_DAP.ils
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00 42 43
DAP-BID PROPOSAL
Page 2 of 4
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. DescriptionSpecification
No. Measure Quantity Unit Price Bid Value
UNIT II:SANITARY SEWER IMPROVEMENTS
1 0241 2018 Remove 18"Sewer Line 0241 14 LF 440 $40.00 $17,600.00
_._. ____,. , - _._..... -02,-41-,1--4,-----,--,
__,__..__,_._ _ ..,.. .__ ..._. .-,-73---,$30'.0-0
, -__, .0'..0-0 _. ..
2 0241.2018 Remove 10"Sewer Line 02 41 14 LF 73 $30.00 $2,190.00
3 0241 2201 Remove 4 Sewer Manhole 02 41 14 EA 3 $2,_0000,0 ,$6 000.00
__..__ _ . .... _._...... _.
4 3303.0001 Bypass Pumping 33 03 10 LS 1 $50 000 00 $50,000.00
5 3331.4225 18"Sewer Pipe 33 11 10,33 LF 440 $250.00 $110,000.00
6 3331.4201 10"Sewer Pipe 3311 10,33 LF 73 $130.00 $9,490.00
7 9999.0000 18"PVC C905 Water Pipe LF 55 $280.00 $15,400.00
8 9999.0000 6"PVC C900 Water Pipe LF 25 $75.00 $1,875.00
9 3305.0109 Trench Safety 33 05 10 LF 593 $1.00 $593.00
10 3301.0002 Post-CCTV Inspection 33 01 31 LF 512 $1.00 $512.00 11
11 3311.0001 Ductile Iron Water Fittings w/Restraint 33 11 11 TN 0.7 $20,000.00 $14,000.00
12 3339.1101 5'Manhole 33 39 10,33 EA 4 $15,000.00 $60,000.00
13 3339.1103 5'Extra Depth Manhole -,3--3-"39 10,33 VF 60 $300.00 $18,000.00
14 3305.0112 Concrete Collar 33 05 17 EA 6 $300.00 $1,800.00
_- ._
15 3301.0101 Manhole Vacuum Testing 33 01 30 EA 6 $200.00 $1,2 1.00.00
16 9999 0000 Connect to Existing Manhole 333910,33 EA 2 $5 000 00 $10,000.00
___.. __
17 3339.0001 Epoxy Manhole Liner(Warren 33 39 60 VF 80 $200.00 $16,000.00
_ . _ .. _ ... .. _.... _.__._ -. ._._
18 3339 0002 Epoxy Structure Liner(Warren 33 39 60 SF 2760 $15 00 _ $41,40000
19 9999.0000 Sanitary Sewer Meter Station Vault 33 12 11 L5 1 $715,000.00 $715,000.00
20 2605.0101 Electrical Facilities 26 05 00 LS 1 $152,000.00 $152,000.00
21 2605.0121 Fumish/install Elec Sery 26 05 00 EA 1 $25,000.00 $25,000.00
22 9999 0000 4"PVC Schedule 40 LF 516 $22.00 $11,,352.00
23 0241.0100 Remove Sidewalk 0241 13 SF 198 $3.00 $594.00
24 3231.0301 4"Conc Sidewalk 32 13 20 SF 198 $9.00 $1,782.00
25 9999.0000 Remove Curb&Gutter LF 24 $29.00 $696.00
26 3211.0112 6"Flexible Base,Type A,GR-1 32 11 23 SY 469 $15.00 $7,035.00
27 3213.0401 6"Concrete Driveway -'"'3,-2,-13",2--0-, SF 160 $10.00 $1,60D.00
_ -_. .._. ... __._.. .. ._ _ _....___ ............__ .,__....._ _._. __...................... .._......
28 3201.0616 10"Conc Pvmt Repair,Arterial/Industrial 32 01 29 SY 150 $150.00 $22,500.00
__--.______ .....__. ,__'- ,, ",- -,-J- - --,---'-'0,-
_,,,.,,,,. ..� .._„... .,__.._�.. _-,- ..,,._'0,-
29 3471.0001 Traffic Control 34 71 13 MO 2 $1,000.00 $2,000.00
_
....
_ __.____...._._._........ _...... ._,_ .- _ � _. ....._....__ _ -._, ._.._.. . ...,___.
30 3231.0114 8'Chain Link,Steel 32 31 13 LF 246 $40.00 $9,840.00
31 3221.0026 8'Gate,Steel 32 21 26 EA 2 $2,000.00 $4,000.00
323125.0101 SWPPP t 1 acre 31 25 00 LS 1 $6 6 000 00 $ 000.00
_.... . ..... ......._ __._.. ___..
_ _-..__.
33 3292.0400 Seeding,Hydromulch 32 92 13 SY 2373 $2.00 $4,746.00
34
35
36
37
38
_.39 _._._._..... .........._._._. ._ ..... ... ._ _._. _ _..__.. _.__T._ . ...._� __...,. ....___ ___.- .._._ _..._
40
41
42
43
44
45
TOTAL UNIT II:SANITARY SEWER IMPROVEMENT $1,340,205.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS
Form Version September 1,2015 00 42 43-Bid Proposal DAP.As
ATTACHMENT"I"
Changes to Standard Agreement
Governmental Entity/ISD Community Facilities Agreement
City Project No.<City Project#>
<Insert "None." if there are no negotiated changes. If changes have been negotiated, please
insert them below citing to the paragraph for reference.
City of Fort Worth,Texas
Governmental Entity/ISD Community Facilities Agreement
CFA Official Release Date:09.22.2016
Page 11 of 11