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HomeMy WebLinkAboutContract 41225COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § City Secretary Contract No. a:sac WHEREAS, the undersigned Independent School District, "Developer" desires to make certain improvements (refer to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. Developer: Name: Dennis McCreary Title: Assistant Superintendent for Facilities, Planning, and Construction Company: Northwest Independent School District Project Name: Northwest ISD Middle School No. 5 Project Location: Streets: Northeast of intersection of Cowbell and Sendera Ranch Mapsco: 5K Council District: 2 CFA: DOE: 6579 City Project No.: 01645 OFFICIAL RECORD CITY SECRETARY _ WORTH, TX 1 1 NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for Jhe Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA") as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide fmancial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires it to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract, C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said 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 are made a part hereof: Water (A) x Sewer (A-1) x ; Paving.(B) x ; Storm Drain (B-1) x ; Street Lights & Signs (C) x . E The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. 2 F. For all infrastructure 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 depaitnient having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond m the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a. period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before 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 ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound m the construction contract book iv. To requireits contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The submittal should occur no less than 10 working days prior to the desired 3 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 agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. City is requiring the widening and/or straightening of the City road(s) contemplated herein. City shall not be responsible for any costs that may be incurred for the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. I. Developer agrees that the City shall not be responsible for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement and hereby releases the City from same. J. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. K. Developer will require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such 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 and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a 4 form to be promulgated by the City. L. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non- exclusive right to enforce the contracts entered into by the Developer with its 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. M. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not mstalling 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. COST SUMMARY TABLE Items A. Water and Sewer Construction 1. Water 2. Sewer Water/Sewer Construction Cost Sub -Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights 4. Street Name Signs TPW Construction Cost Sub -Total Total Construction Cost (excluding fees): Construction Fees: C. Water Inspection Fee (2%) D. Water Material Testing Fee (2%) Sub -Total for Water/Sewer Construction Fees E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) Sub -Total for TPW Construction Fees Developer's Cost $107,632.00 $7,652.00 $115,284.00 $176,952.00 $o.ao $1,500.00 $0.00 $178,452.00 $293,736.00 $2,305.68 $2,305.68 $4,611.36 $7,138.08 $3,539.04 $10,677.12 Total Construction Fees: $15,288.48 The Checked Must be Included as Attachments to this Agreement Included ►1 tzi Pr ra Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-1: Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in at Fort Worth, Texas this ViligLdayof , 2010. quadruplicate, CITY OF FORT WORTH tane10004 &Ls* Fernando Costa Assistant City Manager Recommended by: Transportation & Public Works Department William A. Verkest, P.E. Director Water Department /.1 Wendy Chi-l3 ulal, EMBA, P.E. Water Devel �ment Engineering Manager Approved as to Form & Legality: A 'ettfr9eY—MAReiA E 1 J Ekf1411 Assistant *ten* City Attorney ATTEST: a. Marty Hendrix City Secretary a .a DEVELOPER Dennis McCreary Assistant Superintendent for Facilities, Planning, & Construction NO IVi&C "NAKED RiiD %t0DOGt Qpo4 {P .* 0.30 3 o,s o a 0 a o ?io V , 00o 440 d0000c(Ittif eXAM OFFICIAL RECORD CITY SECRETARYFt�WORTH, TX DATE: MJT PROJECT NO. WATER, PAVING, DRAINAGE and SANITARY SEWER IMPROVEMENTS TO SERVE NORTHWEST ISD MIDDLE NO. 5 Water Construction Cost 12/1/2010 549-001 ITEM NO. ITEM DESCRIPTION UNITS , QTY. UNIT PRICE AMOUNT 1 2" Service Line - Install (Type R Copper) LF 31 $33.00 $1,023.00 2 4" Service Line ' Install LF 25 $25.00 $625.00 3 Pipe-Pressure-10 Inch PVC - Install LF 40 $30.00 $1,200.00 4 Tapping Sleeve & 10 Inch G.V -12 Inch X 10 Inch - Install EA 2 $6,500.00 $13,000.00 5 Water Service-2 Inch -Tap to Main - Install EA 4 $866.00 $3,464.00 6 Water Service-4 Inch -Tap to Main - Install EA 1 $4,500.00 $4,500.00 7 Pipe Fitting - Install Ton 0.5 $3,600.00 $1,800.00 8 Pipe-Pressure-20 Inch PVC.C905 - Install LF 654 $65.00 $42,510.00 9 Valve-Pressure-20 Inch-Gate-wNalve Box - Install EA 1 $11,000.00 $11,000.00 10 Valve-1 Inch-Air&Vacuum Release - Install EA 1 $3,200.00 $3,200.00 11 Valve Box -Adjustment -Services EA 1 $250.00 $250.00 12 Traffic Control for Utilities - Install LF 654 $15.00 $9,810.00 13 4" Domestic Meter and Vault - Install EA 1 $10,000.00 $10,000.00 14 2" Irrigation Meter Box - Install EA 4 $250.00 $1,000.00 15 Manhole-1 Inch-Air&Vacuum Release - Install EA 1 $3,500.00 $3,500.00 16 Trench Safety LF 750 $1.00 $750.00 WATER UNIT TOTAL = $107.632.00 Sewer Construction Cost 17 Pipe-Sewer-8 Inch-SDR26 (All Depths) - Install LF 7 $45.00 $315.00 18 EA 1 $5,012.00 $5,012.00 Manhole-Std 4 Ft D am -(to 6 Ft Depth) - Install 19 Manhole-Std 4 Ft Diam-Added Depth (over 6 Ft depth) - Install VF 4 $300.00 $1,200.00 20 Sewer Service-8 Inch-2 Way Clean Out - Install EA 1 $1,000.00 $1,000.00 21 Inspection -Post Construction Cleaning & TV - Study LF 7 $2.00 $14.00 22 EA 1 $104.00 $104.00 Manhole -Vacuum Test - Services 23 Trench Safety LF 7 $1.00 $7.00 SEWER UNIT TOTAL = $7,652.00 Paving Construction Cost 24 Pavement -Unclassified Street Excavation - Remove CY 2,000 $5.00 $10,000.00 25 Curb-6 Inch - Install LF 1,059 $2.00 $2,118.00 26 Curb-7 Inch - Install LF 490 $2.00 $980.00 27 Pavement -Concrete s- Install SY 1,731 $60.00 $103,860.00 28 SY 1849 $6.00 $11,094.00 Subgrade-6 Inch -Lime Stabilized-28 Ibs/sy - Install 29 Grass-Hydromulch Seeding - Install LS 1 $5,000.00 $5,000.00 30 Pavement Marking-Str ping - Install LF 400 $1.50 $600.00 31 EA 2 $300.00 $600.00 Pavement Marking -Turn Arrows Install 32 Sidewalks - 5" Thick - Install SY 1120 $35.00 $39,200.00 33 Sediment Control and SWPPP EA 1 $3,500.00 $3,500.00 PAVING UNIT TOTAL = $176.952.00 34 IStreet Light - Install Street Light Construction Cost I EA I 1 $1,500.001 $1,500.00 STREET LIGHT UNIT TOTAL = $1,500.00 CONSTRUCTION COST TOTAL = $293,736.00 NEW MIDDLE SCHOOL SITE PROPOSED 10'x15' WATER EASEMENT PROPOSED 10" FIRE WATER LINE m r PROPOSED 2-2" IRRIGATION WATER METERS EXISTING 12" WATER LINE D.O.E. NO. 4387 ATBT PAST & FIHFIAG PROPOSED 20'x15' WATER EASEMENT BY PLAT PROPOSED 2-2" IRRIGATION WATER METERS PROPOSED 10" FIRE WATER LINE ' N EXISTING 12" WATER LINE D.O.E. NO. 4387 PLUG EXISTING 8" TAP - D.O.E. NO. 4989 PROPOSED 15'x15' SEWER EASEMENT BY PLAT CITY OF FT. WORTH PERMANENT SEWER LINE EASEMENT, D206301846, D.R.T.C.T. TO BE ABANDONED PROPOSED 4" DOMESTIC WATER METER EXISTING 1 T WATER LINE D.O.E. NO. 4387 PROPOSED 4" DOMESTIC WATER LINE L_ \% \\ x \ \�2°c EXISTING 8" WATER LINE N"� D.O.E. NO. 4989 s SCALE 1" - 100' 50 FEET ioo THOMAS ENGINEERING, LLC * 3400 HULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION N0. F-9435 PHONE - (817) 732-9839 FAX- 817)732-9841 MJT NO. - 549-001 EXHIBIT A WATER IMPROVEMENTS to serve NORTHWEST ISD MIDDLE NO. 5 NOVEMBER 2010 PROPOSED 20" PUBLIC WATER LINE THOMAS * ENGINEERING, LLC * 3400 HULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION NO. F-9435 PHONE - (817)732-9839 FAX - (817) 732-9841 MJT NO. - 549-001 SCALE 1" - 100' NEW MIDDLE SCHOOL SITE PROPOSED 20" PUBLIC WATER LINE SENORA-RANCkL PHASE I, SECTION 3A'--- CAB. A,SIO. 11050 EXHIBIT A EXISTING 20" PUBLIC WATER LINE D.O.E. NO. 5014 ClaCR ABLE 447RKER J v CABLE MARKER J . WATER IMPROVEMENTS to serve NORTHWEST ISD MIDDLE NO. 5 NOVEMBER 2010 NEW MIDDLE SCHOOL SITE PROPOSED MANHOLE CONNECTION OF 8" SANITARY SEWER LINE TO EXISTING SANITARY SEWER STUBOUT s,4 Fly END OF 8" SANITARY SEWER LINE WITH 2-WAY CLEANOUT CITY OF FT. WORTH PERMANENT SEWER LINE EASEMENT, D206301846, D.R.T.C.T. TO BE ABANDONED BY PLAT PROPOSED 15'x15' SEWER LINE EASEMENT BY PLAT pat THOMAS * ENG/NEER/NG, LLG * 3400 HULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION NO. F-9435 PHONE - (817) 732-9839 FAX- 817)732.9841 MJT NO. - 549-001 T AIN F7_ f ='r'&;P ;;: q�l l T gt P I T11 EXISTING 8" SANITARY SEWER LINE D.O.E. NO. 4989 -- 8"W C '�SF��F qg ////PqR N SF q T >/04/9 62j , KACHINA LANE CgsF/4F .0. 7/6>1C EXHIBIT A-1 SANITARY SEWER IMPROVEMENTS to serve NORTHWEST ISD MIDDLE NO. 5 SCALE 1" - 50' 25 FEET 50 NOVEMBER 2010 PROPOSED LEFT —TURN LANE AND MEDIAN OPENING e \ \• APPROX. 698 L.F. OF 5' WIDE CONCRETE SIDEWALK • • ION/N0, 4•�S \ 3 PROPOSED DRIVE APPROACH /r „so NEW MIDDLE SCHOOL SITE THOMAS * nvossVEER/NG, LLC * 3400 NULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION NO. F-9435 PHONE - (817)732-9839 FAX- (817)732.9841 MJT NO. - 549-001 lec W ri / / e� e,% �� i �' q a; PROPOSED DRIVE APPROACH PROPOSED DECELERATION LANE A," / a\� APPROX. 968 L.F. OF 5' \ WIDE CONCRETE SIDEWALK EXHIBIT B � _\ SCALE 1" - 200' 0 SIDEWALK & ROAD IMPROVEMENTS to serve NORTHWEST ISD MIDDLE NO. 5 100 FEET 200 NOVEMBER 2010 I_ - ores —in cp2d C> 0 O Im 0 I0 N z co m ,I. LIGHT POLE TO REMAIN NEW MIDDLE SCHOOL SITE LIGHT POLE TO REMAIN PROPOSED CONDUIT REPLACEMENT NDERATRANCH BLIP 42 PROPOSED CONDUIT RELOCATED REPLACEMENT LIGHT POLE 13'11'00" 1265.00 732.63^" SENDERA NCH BOULEVARD CAB. SLO. 3414 PHASE I, SECTION 3A CAB. A, 5L0. 11050 P.R.T.C.T. f`Je r'bb AiR „moms tv „ 1 ZANrAPY 1 i 40 42 nW SEW 39 i 43 «R10' PV.26' MNHOLE 36 1 1 i 11 fL IO�TVC OtlT�W�7s»a; I 1 1 1 it I DUN HORSE DR THOMAS * ENC//VEER//VG, LLC * 3400 HULEN STREET, SUITE 100 FORT WORTH, TX 76107 REGISTRATION NO. F-9435 PHONE - (817) 732-9839 FAX- (817) 732-9841 MJT NO. - 549-001 SCALE 1" - 100' 0 FEET 50 100 PROPOSED CONDUIT REPLACEMENT 'H BOULEVARD ---.�_� CONTROL VALV, . „,4; / / / x Q/ m tr. .. VCR rcH sox 'w // E En sou v 4 of / w v /_*j o// \y,�L. (E �'" SANITARY T/RIM_7 �. FL 8- 83.85 I ATV PAINT k Pit VC HOLE "L PVC lH jµ -433,75' 10^ „LOOT E :783.721 is/*' *y. i4" t *Wass - —r- - WATT W. i 83.58 SEND I 45 CABLE FIRER gg ' r ' / ' `� \ ® I KER /, AB q�sta Ci/ON 3q / C46R MARKER-' ' �%/ r�T ' P.R.LC.T,11050 , / / 19.4µ� R i rti Q 44 r < S I / o/ I ' aQ/ 1 / 1' / EXHIBIT C STREET LIGHT IMPROVEMENTS to serve NORTHWEST ISD MIDDLE NO. 5 CqI$ASLc t 1SASEPN.O,R,E.RT.q.T.050 NOVEMBER 2010