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Home My WebLink AboutContract 51614 Received Date Received Time Developer and Project Information Cover Sheet: Governmental Entity/ISD Name: Fort Worth Independent School District Address, State,Zip Code: 2821 Cullen St. ,Fort Worth,TX 76107 Phone&Email: 817-815-9700,gary.griffith@fwisd.org Authorized Signatory, Title: Dr. Kent Paredes Scribner,Superintendent of Schools Project Name and Brief Description: Paving, Street Lights Morningside Middle School Improvements Project Location: 2751 Mississippi Ave Plat Case Number: FS-16-093 Plat Name: Ryan's Southeast Addition Mapsco: <Mapsco> Council District: <CD#> City Project Number: 100979 CFA Number: 2018-100 DOE Number: None N 9�0', e i 1 4 C(CL SF •..:_i �� $tet ,;>._' City of Fort Worth,Texas ; Governmental Entity/ISD Community Facilities Agreement _YNCIAL RECORD no,e< CFA Official Release Date:09.22.2016 7 164 TARX Page 1 of 11 WORTH P T GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 5 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 Morningside Middle School Improvements ("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 -1 Governmental Entity/ISD Community Facilities Agreement OFFICIAL R CIORIP� CFA Official Release Date:09.22.2016 Page 2 of 11 CITY, SECRETARY 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) X, Storm Drain (B-1) ❑, Street Lights & Signs (C).X 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 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. ill. 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 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. 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. Ili. 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 I-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: Momingside Middle School Improvements CFA No.: 2018-100 CP No.: 100979 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 $ - 2.Sewer Construction $ - Water and Sewer Construction Total $ - B. TPW Construction 1.Street $ 81,884.60 2.Storm Drain $ - 3.Street Lights Installed by Developer $ 69,971.50 TPW Construction Cost Total $ 151,856.10 Total Construction Cost(excluding the fees): $ 151,856.10 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ - D. Water/Sewer Material Testing Fee(2%) $ Sub-Total for Water Construction Fees $ - E. TPW Inspection Fee(4%) $ 3,275.38 F. TPW Material Testing(2%) $ 1,637.69 G. Street Light Inspsection Cost $ 2,798.86 H. Street Signs Installation Cost S Sub-Total for TPW Construction Fees $ 7,711.94 Total Construction Fees: $ 7,711.94 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 151,856.10 Completion Agreement=100%/Holds Plat $ 151,856.10 Cash Escrow Water/Sanitary Sewer=125% $ - Cash Escrow Paving/Storm Drain=125% $ 189,820.13 Letter of Credit=125%w/2yr expiration period 1 $ 189,820.13 Statement of Appropriated Fundin For Governmental EntitylISDs ONLY) x City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date:09.22.2016 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 Worth Inde end S ool District Jesus J. Chapa Assistant City Manager Name: Dr. nt Pa des kcr4ner Title: Superintendent of Sc ools Date: _ � �S Date: J2 / Recommended by: / Contract Compliance Manager:-�a6 By signing, I acknowledge that I am the velyn erts/Jennifer Ezernack person responsible for the monitoring and Project Assistant administration of this contract, including Planning and Development Fre wring all performance and reporting q irements. Sm' VA 114fl1zV?(VL 1 Ja ie Mor s Approved as to Form &Legality: Tit: Development Manager Richard A. McCracken Assistant City Attorney ATTEST: M&C No. Date: � � ,. ary J. KaysMWAyfiaI G zales City Secretary/Assistant City Secretary` City of Fort Worth,Texas Governmental Entity/TSD Community Facilities Agreement OFFICIAL RECORD CFA Official Release Date:09.22.2016 Page 9 of 11 CITY SECRETARY FT. WORTH,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 Improvements ❑ Water Cost Estimate ❑ Exhibit A-l: 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:09.22.2016 Page 10 of 11 ATTACHMENT"I" Changes to Standard Agreement Governmental Entity/ISD Community Facilities Agreement City Project No. 100979 None City of Fort Worth,Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date:09.22.2016 Page 11 of 11 MOCOHOTll map 3 0 a a f PROJECT LOCATION Z U } d J - a � Ln w w in m � C N EY CANTE CANTEY LEN GARDE N a L WDEN LOWDEN m#"60 a m � Z 0 BAKER U a OWIE BOWIE c N VICKI a Z BERRY 0 Z DEVITT ETARRANT COUNTY of ITT MAPSCO F 77-4jl VICINITY MAP r (NOT TO SCALE) C 6100 WESTERN PLACE, SUITE 1001 PAVING & STREET LIGHT IMPROVEMENTS Pacheco Koch FORT WORTH, TX 76107 817.412.7155 TO SERVE TX REG. ENGINEERING FIRM F-14439 MORNINGSIDE MIDDLE SCHOOL o TX REG. SURVEYING FIRM LS-101938-24 CITY PROJECT NO. 100979 DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER FORT WORTH ISD Na PAC NTS 8/9/2018 3749-15.398 RYAN'S SOUTHEAST ADDITION, BLOCK 388 JCM DWG FILE: 3?49-15.398-PVMT_CFA,0WQ EWLl UO B OU B P&WOM i Cl co I I I I I � I i I 0 I � i I T n I a a ry i o i I I I I a Ln Ln PROP. 4" CONCRETE SIDEWALK 0 50 100 200 300 m PROP. 6" CONCRETE PARKING AND GRAPHIC SCALE IN FEET DRIVE AREAS 6100 WESTERN PLACE, SUITE 1001 PAVING & STREET LIGHT IMPROVEMENTS Pacheco Koch FORT WORTH, TX 76107 817.412.7155 TO SERVE TX REG. ENGINEERING FIRM F-14439 MORNINGSIDE MIDDLE SCHOOL o TX REG. SURVEYING FIRM LS-101938-24 CITY PROJECT NO. 100979 DRAWN BY CHECKED BY SCALE DATE ✓OB NUMBER FORT WORTH ISD C) PAC JCM 1"=100' 7/13/2018 3749-15.398 RYAN'S SOUTHEAST ADDITION, BLOCK 388 a DWG FILE: 3749-15.398—PVMT_CFA_DWG 37WEE7 L OON73 I I N- 11 ii � LEI_, I I o I � i I S I i Q' UI I CL I i i Cn o I PROPOSED LED w LIGHTING FIXTURE a u U Q L u U I � I I i ILS U ii I i Q 0 W 0 50 100 200 300 0 N 14GRAPHIC SCALE IN FEET 6100 WESTERN PLACE, SUITE 1001 PAVING & STREET LIGHT IMPROVEMENTS Pacheco Koch FORT WORTH, TX 76107 817.412.7155 TO SERVE TX REG. ENGINEERING FIRM F-14439 MORNINGSIDE MIDDLE SCHOOL o TX REG. SURVEYING FIRM LS-101938-24 CITY PROJECT NO. 100979 DRAWN BY CHECKED BY SCALE DATE JOS NUMBER FORT WORTH ISD < PAC JCM 1"=100 7/13/2018 3749-15.398 RYAN'S SOUTHEAST ADDITION, BLOCK 388 e DWG FILE: 3749-15.398_PVMT_CFA.DWG 004241 DAP-BID PROPOSAL Page 2 a f5 SECTION 00 42 43 Morningside Middle School Improvements-PROPOSAL FORM UNIT PRICE BID Bidder's Application Protect Item Information Bidder's Proposal Bidhst Item Specification Section Unit of Bid Ne Description No. Measure Quantity Unit Price Bid Value UNIT IV:PAVING IMPROVEMENTS I 10170.0100 Mobilization 017000 LS I LS S27,174.24 2 3123.0103 Borrow by Plan 31 2323 CY 80 $10.00 5800.00 3 3213.03014"Conc Sidewalk 32 1320 SF 3800 $3.15 S11,970.00 4 3216.0101 6"Cone Curb and Gutter 32 16 13 LF 750 $18.00 S13.500.00 5 329 1.0 100 Topsoil(4") 3291 19 CY 370 $16.00 $5,920.00 6 3292.0100 Block Sod Placement 3292 13 SY 7200 $1.36 $9.792.00 7 3471.0001 Traffic Control 3471 13 MO 2 $1,749.00 $3,49800 8 3217.00014"SLD Pavement Markin HAS(Y) 32 1723 LF 1516 $5.28 58,004.48 9 3217 2103 REFL Raised Marker TY II-A-A 32 1723 EA 19 $64.52 S 1,225.88 TOTAL UNIT V:PAVING IMPROV MENTS �S81,884.60 CRY OF FORT WORTU STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Forth Version Sepl—be 1.2015 00 42.1) Bid Proposil Mominpi&NIS•Is 00 42 43 DAP-BID PROPOSAL Page 7 of 5 SECTION 00 42 43 Morningside Middle School Improvements•PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Section Unit of Bid No. Descnpnen N. Measure Quantity Unit Price Bid Value UNIT V:STREET Ll HTING EMENTS 1 2605.0122 Install Flec Serv,Pole Mnt 26 05 00 EA 4 $3,500-00 $14,000.00 2 2605.2101 Conduit Box 26 05 33 FA 4 $1,000.00 $4,000.00 3 2605.3012 2"Condt PSV SCH 80(B) 2605 33 LF 690 S 12 00 $8,280.00 4 3441.1408 No 6 Insulated Elec Condr 3441 10 LF 690 $5.50 53,795.00 5 3441.3002 Rdw y Ilium Assmbly TY 18 with 33 Arms 344120 EA 4 58,400.00 $33,600.00 6 13441.3201 LED Lighting Fixture 34 41 20 EA 41 51,000.00 $4,000.00 8 9999.9999 Photocell 26 27 26 FA I 5296.50 5296.50 9 9999.9999 Pole Contactor 26 27 26 EA 1 $2,00000 52,000.00 TOTAL UNIT V:STREET LIGHTING If $69,971.50 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS-DEVELOPER AWARDED PROJECTS Form Vernon Sglvnbe 1.2015 00 42 43 Bid Proposal ht— ,de NIS FIs 00 42 43 DAP•BID PROPOSAL Par 5 of 5 SECTION 00 42 43 Morningside Middle School Improvements-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project item Information Bidders Proposal Bidlist Item Specification Section Unit of Bid No. Description No. Measure Quantify Unit Price Bid Value Bid Summary UNIT 1:WATER IMPROVEMENTS UNIT 11:SANITARY SEWER IMPROVEMENTS UNIT 111:DRAINAGE IMPROVEMENTS UNIT IV:PAVING IMPROVEMENTS 581,884.60 UNIT V:STREET LIGHTING IMPROVEMENTS 569,971.50 UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $151 85610 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 120 calendar days after the date when the CONTRACT commences to run as provided in the General Conditions. l� Y 10- CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Foam Version September 1.2015 00 42 43 Bid 14opomI Mom6ipide MS x1s