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HomeMy WebLinkAboutContract 41329COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. 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: Walter Dansby Title: CIP Deputy Superintendent Company: Fort Worth Independent School District Project Name: Riverside Middle School Bus Drop - Off Project Location: Streets: 1600 Bolton Street • Mapsco: 63M Council District: 4 OFFICIAL RECORD CITY SECRETARY FT. WORTh, TX CFA: 2010-038 DOE: 6487 City Project No.: 01536 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 the 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 financial security in conformance with paragraph 6, Section 1I, 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) ; Paving (B) X ; Storm Drain (B-1) ; •Street Lights & Signs (C) . E. The Developer shall award all contracts for the construction of community facihties 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. 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 department 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 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 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 in the construction contract book. iv. To require its 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 3 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 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 4 and delivered to the City an indemnity agreement from such contractors on a 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 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. 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 $9,695.98 $0.00 $9,695.98 $35,422.86 $0.00 $0.00 $0.00 $35,422.86 $45,118.84 $193.92 $193.92 $387.84 $1,416.91 $708.46 $2,125.37 Total Construction Fees: $2,513.21 The Checked Must be Included as Attachments to this Agreement Included Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-1: Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-I : 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 quadruplicate, at Fort Worth, Texas this day of citr—, 2002 0 to tte CITY OF FORT WORTH DEVELOPER 'Fort . Independent School istrict OteLmA Fernando Costa Walter Dansby 1 Deputy S p rintendent Assistant City Manager FWISD Capital Improvement Program Recommended by: Transportation & Public Works Department lest, 4amA.Vrk , Director Water Department P.E! P Wendy Chi-B bulal, EMBA, P.E. Water Development Engineering Manager Approved as to Form & Legality: • .14ae-/ Amyl. Ramsey it A_ Assist= C' Atto ney Ati g„ a ATTEST. \IN\ Marty Hendrix City Secretary o 3°°00 (cup 000 ?14 °L) z.-'.----.�_� - - ___-2.2= -- -2 _ � _ NO M&C :r cor .;z1 o000000. 0,000so aletex. 414 rtx 7 AFFRCIAL. RECORD CITY SECRETARY FT. WORTH, TX PROP PV 8lY a 0 25 50 SCALE: 1 "=50' EAGLE DRIVE (A Of iwneMn 8"W 8' B -....... PROP b A -;c,+r I - RIVERSIDE MIDDLE SCHOOL BUS LOOP ADDITION Drawing No.: R-XXXXX Date: 05-28-10 Scale: I"=50' Charles Gojer and Associates, Inc. Consulting Engineers 11615 Forest Central Dr. Suite 303 Dallas, Texas 75243 TEXAS REG'N. # 90067 O CQ 1 O O • CD CD fl EAGLE DRIVE Oman ........ -; ................. f . ........ ••• . .... ...... ... ... ...... XWAYi 0 25 50 SCALE: 1 "=50' ® •. • LIMITS OF PAVING CONSTRUCTION Exhibit B - Paving RIVERSIDE MIDDLE SCHOOL BUS LOOP ADDITION Drawing No.: Date: 10-7-10 Scale: I"=50' Charles Gojer and Associates, Inc. Consulting Engineers 11615 Forest Central Dr, Suite 303 Dallas, Texas 75243 TEXAS REG'N. # F-697 N PART B — PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: FORT WORTH INDEPENDENT SCHOOL DISTRICT PROPOSAL FOR: PROJECT NAME Paving Improvements for Bus Drop-off Lane at Riverside MS WATER PROJECT NO. _P265-640150153683 FILE NO. K-2136 X NO. 21314 CITY PROJECT NO. 01536 Includes the furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of Bus Diop-Off Lane & for 2 file hydrants and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WATER & PAVING IMPROVEMENTS FOR BUS DROP-OFF LANE AT RIVERSIDE MS Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications foi Water Department Projects, the General Contract Documents and General specifications for Transportation and Public works Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Diiector of the Department of Engineeiing of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds if any, as may be required by the Contract Documents for the performing and completing of the said work Contractor proposes to do the work within the time stated and for the following sums: B-1 Updated 05/16/2005 UNIT I: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1 2 EA 8"x6" Tapping Sleeve w/ Gate Valve One thousand, six hundred and sixty-eight Dollars Zero Cents 2 30 LF 6" PVC Pipe $1668.00 $_3336.00 Twenty Dollars Fifty Cents $20.50 $_615.00 3 2 EA Standard Fire Hydi ant (Complete Assembly) One thousand, five hundred _ Dollars $1500.0 $3000.00 Zero Cents 4 14 % SY Remove & Replace Permanent Asphalt Pavement per Standard — 028 Detail 1 One hundred and ninety- $196.07_ $2744.98 six Dollars Seven Cents TOTAL AMOUNT BID WATER $ 9695.98 B-2 Updated 05/16/2005 UNIT II• PAVING IMPROVEMENTS ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1 370 LF Remove Exist. Curb & Gutter Three Dollars $3.70 $1,369 Seventy Cents 2 370 LF Remove Exist. Sidewalk Three Dollars $3.70 Seventy Cents 3 605 SY Proposed 7" Reinforced Concrete Pavement $1,369 Thirty -Three Dollars $_33.88_ $20,497.40 _Eighty -Eight Cents 4 380 LF 7" Monolithic Curb _ Three Dollars _Ninety -Five Cents 5 12 TON Lime Stabilized Subgrade (35 lb./ SY) Three hundred and Thirty-three Dollars _Thirty -Three Cents 6 2150 SF Proposed Sidewalk $3.95 $ 1,501.00 $333.33 $3999.96 Two Dollars $2.77 _Seventy -Seven Cents $5,955.50 B-3 Updated 05/16/2005 7 1 EA A.D.A. Ramp Five Hundred Dollars $500.00 $500.00 Zero Cents 8 105 SY Topsoil & Sodding Two Dollars $2.20 Twenty Cents TOTAL AMOUNT BID PAVING $ 35,422.86 BID SUMMARY TOTAL AMOUNT WATER BID $ 9695.98 TOTAL AMOUNT PAVING BID $ 35,422.86 GRAND TOTAL AMOUNT BID $_45,118.84 $231.00 B-4 Updated 05/16/2005 PART B -PROPOSAL (Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within el calendar days after issue of the work order, and to complete the contract within36 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) B-5 Updated 05/16/2005 A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority ownei is in the State of Texas B-6 Updated 05/16/2005 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) (Seal) Date: Respectfully submitted, Rea414i4,ix ca, By Title arsvpi Address 3r) 1 [-.ti c•iohm1 RP rtier LJp,Cjai Telephone: 12S?4fla.. B-7 Updated 05/16/2005