HomeMy WebLinkAboutContract 40725COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT §
City Secretary
Contract No. q b d
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: Deputy Superintendent
Company: Fort Worth Independent School District
Project Name: Rosemont Middle School
Project Location:
Streets: 1501 W. Seminary Drive
Mapsco: 90L Council District: 9
CFA: 2010-032
DOE: 6497 City Project No.: 001548
1
08-20-1 U AU9 .1:".0
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 confounance 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)
Sewer (A-1) ; Paving (B) X ; Storur Drain (B-1) X ; Street
Lights & Signs (C) .
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.
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
depaitinent 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 perfoinn 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,
stonni 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 meetmg. 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 danzajtes are caused, in whole or in part,
by the alleged izej'ligence 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 stop n 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
$0.00
$0.00
$0.00
$23,641.00
$21,578.00
$0.00
$0.00
$45,219 00
$45,219.00
$0.00
$0.00
$0.00
$1,808.76
$904.38
$2,713.14
Total Construction Fees: $2,713.14
The Checked Must be Included as Attachments to this Agreement
Included Attachment
Location Map
n 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
n
AL
rs
(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 Develo er has executed this instrument in
quadruplicate, at Fort Worth, Texas this day of , . __ frAj , 2010.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Recommended by:
Transportation & Public Works Department
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Water Development Engineering Manager
Approved as to Forrn & Legality:
Assistant City Attorney
ATTEST:
Marty Hendrix
City Secretary
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Iti. c I� )1 JLMED
DEVELOPER
Fort Worth Independent School District
Walter Dansby
Deputy Superintendent
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
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UNIT III - STORM DRAIN
ITEM NO...
QUANTITY
UNIT
DESCRIPTION OF ITEM WITH UNIT BID
PRICE WRITTEN IN WORDS
UNIT BID PRICE
AMOUNT BID
1
1
LS
Mobilization, work fully performed for the sum of Five
Thousand dollars and No cents.
$ 5,000.00
$5,000.00
2
180
LF
Rock Filter Dam, fumish and install, complete in place
for the sum of Three Thousand, Two Hundred and
Seventy Six dollars and No cents.
$ 18.20
$3,276.00
3
2
EA
Stabilized Construction Entrance, furnish and install,
comlpete in place for the sum of One Thousand, Seven
Hundred Fifty dollars & No cents.
$ 875.00
$1,750.00
4
3
EA
Inlet Protection, furnish and install, comlpete in place
for the sum of Two Hundred Seventy dollars & No cents.
$ 90.00
$270.00
5
1
EA
Removal of 10 ft. Recesssed Curb Inlet, complete for
the sum of Six Hundred Twenty One dollars and No
cents.
$ 621.00
$621.00
UNIT III - STORM DRAIN
ITEM NO.
QUANTITY
UNIT
UNIT BID PRICE
AMOUNT BID
DESCRIPTION OF ITEM WITH UNIT BID
PRICE WRITTEN IN WORDS
6
41
LF
Removal of 18" RCP, complete for the sum of One
Thousand, Four Hundred and Thirty Five dollars and No
cents.
$ 35.00
$1,435.00
7
68
LF
21" RCP, Class III Storm Pipe, furnish and install,
complete in place for the sum of Three Thousand Four
Hundred dollars and No cents.
$ 50.00
$3,400.00
8
1
EA
10 ft. Recessed Curb Inlet, furnish and install, complete
in place for the sum of Four Thousand Nine Hundred
and Fifty One dollars and No cents.
$ 4,951.00
$4,951.00
9
1
LS
Traffic Control, furnish and install complete in place for
the sum of of Eight Hundred Seventy Five dollars and
No cents.
$ 875.00
$875.00
Total Bid for Unit III Storm Drain
$21,578.00
UNIT IV - PAVING IMPR
ITEM NO.
QUANTITY
UNIT
DESCRIPTION OF ITEM WITH UNIT BID
PRICE WRITTEN IN WORDS
UNIT BID PRICE
AMOUNT BID
1
180
LF
Removal of Concrete Curb, complete for the sum of
Nine Hundred dollars and No cents.
$ 5.00
$900.00
2
1665
SF
Removal of Concrete Sidewalk, complete for the sum
of Four Thousand, Nine Hundred and Ninety Five dollars
and No cents.
$ 3.00
$4,995.00
3
2
EA
Removal and Relocation of Sign, complete for the sum
of Four Hundred dollars and No cents.
$ 200.00
$400.00
4
1
EA
Removal of Tree, complete for the sum of Nine Hundred
dollars and No cents.
$ 900.00
$900.00
5
173
SY
6" Lime Stabilized Subgrade, furnish and install,
complete in place for the sum of One Thousand and
Thirty Eight dollars and No cents.
$ 6.00
$1,038.00
UNIT IV - PAVING IMPROVEMENTS
ITEM NO.
QUANTITY
UNIT
UNIT BID PRICE
AMOUNT BID
DESCRIPTION OF ITEM WITH UNIT BID
PRICE WRITTEN IN WORDS
6
4
TON
Lime, fumish and install, complete in place for the sum
of dollars
Included in above
and cents.
7
152
SY
Driveway Approach, furnish and install, complete in
place for the sum of Ten Thousand, Four Hundred
Eighty Eight dollars and No cents.
$ 69.00
$10,488.00
8
1230
SF
5 ft. Sidewalk, furnish and install, complete in place for
the sum of Four Thousand Nine Hundred and Twenty
dollars and No cents.
$ 4.00
$4,920.00
Total Bid for Unit IV Paving Improvements
$23,641.00
BID SUMMARY
TOTAL AMOUNT BID UNIT III STORM DRAIN
TOTAL AMOUNT BID UNIT IV PAVING IMPROVEMENTS
TOTAL BID
$21,578.00
$23,641.00
$45,219.00
720
715
S.D. LINE 'A' STA. 0+63.33
CONSTRUCT 10' REC. C.I.
T/C = 721.68
= 717.68
REF: SHEET C-8.03
(P.I.)
-r
SS
SEMINARY DRIVE
INSTALL 64 LF. OF 21"
CL III RCP S.D. LINE 'A'
(P.I.)
EXIST. 24" R
S.D. LINE 'A' STA. 0+00
CONNECT TO EXIST. 33" RCP
(SEE DETAIL ON THIS SHEET)
PROP. 21" EL = 713.87±
(P.L)
SS
S.D. LINE 'A' STA. 0+27.33
REMOVE EXIST. CURB INLET
INSTALL 21" 45 BEND
21"EL=716.53
SEE NOTE 1 (PI)
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SS
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CONSTRUCT 10'
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21"IL=716.5
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PROP. 21" EL
33" RCP
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= 713.87±
1+25
EXHIBIT B-1
1+00
0+50
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720
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