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HomeMy WebLinkAboutContract 47023 (2)t e Address, State, Zip Code: 350 Keller Parkway , Keller, TX 76243 Phone & Email: 817-744-1000, hudson.huff@kellerisd.net Authorized Signatory, Title: Hudson Huff , Executive Director of Facility Services CITY WC 'TARY c' _ b V••-_r`SCT NO. _a, Developer and Project Information Cover Sheet: Keller Independent School Dist7rrct ntal Entity/ISD Name: Project Name and Brief Keller ISD Elementary No. 23 Drainage Improvements Description: Project Location: Near the intersection of Horseman Rd and Canchim St Plat Case Number: FP-15-051 Plat Name: Keller Elementary No.23 Mapsco: 34K Council District: 7 City Project Number: 02684 CFA Number: <CFA #> To be completed by s DOE Number: 7542 Received by: ____V , _ , _ ./.1 Date: OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 1 of 11 GOVERNMENTAL ENTITY/ISD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary Contract No. qiclo;23 COUNTY OF TARRANT § 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 Keller ISD Elementary No.23 Drainage 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 Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 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 followings a. 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. b. 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: 07.30.2015 Page 3 of 11 furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. c. 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. d. 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, stoziu 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. e. 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. f. 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: 07 30 2015 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 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. 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: 07.30.2015 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: 07.30.2015 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 7 of 11 Cost Summary Sheet Project Name: Keller ISD Elementary No. 23 CFA No.: 2015-069 DOE No.: 7542 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 A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Total Total Construction Cost (excluding the fees): Construction Fees: C. Water/Sewer Inspection Fee (2%) D. Water/Sewer Material Testing Fee (2%) Sub -Total for Water Construction Fees Developer's Cost $ $ $ 480, 999.27 $ 480, 999.27 $ 480,999.27 $ $ $ 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 $ 28,859.96 11. 19,239.97 9,619.99 $ Total Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain = 125% 'Letter of Credit = 125% w/2yr expiration period $ 28,859.96 Choice Amount (Mark one) 'Statement of Appropriated Funding (For Governmental Entitv/ISDs ONLY) City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 8 of 11 480,999.27 480, 999.27 601, 249.09 601, 249.09 x 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 r Jesus J. Chapa Assistant City Manager Date: Recommended by: , C\--) Douglas 1 . Wiersig, Director Transportation & Public Works Department Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. ASA' Date: City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 9 of 11 DEVELOPER re,744--a Name: Hudson Huff Title: Executive Director of Facility Services Date: `I �`/2415 ATTEST: (Only if required by Developer) /AS' Signature Name: :.,..; •..a��;•; KAITLYN NGUYEN �• • to • Notary Public, State of Texas s,P;,•, :•yi My Commission Expires ••••### .... ..... May 7, 2017 . . ■ . . ■ . . ATTEST: fLN4art J. Kayser y City Secretary OFFICIAL RECORD ATX SECRETARY `�. NORTH, 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 El 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 El ■ ■ (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07 30 2015 Page 10 of 11 ATTACHMENT "1" Changes to Standard Agreement Governmental Entity/ISD Community Facilities Agreement City Project No. 02684 None City of Fort Worth, Texas Governmental Entity/ISD Community Facilities Agreement CFA Official Release Date: 07.30.2015 Page 11 of 11 RED BR SP KLE �R 0 0 ANK NA L\I LOHANI L\I GELBARY PL CANCHIM ST BERRENDA DR, VON3=1�I8 0 BERNESE LN _ PROJECT D LIMITS 0 BASSWOOD BLVD teague nall & perkins 1100 Macon Street Fort Worth, Texas 76102 817.336.5773 ph 817.336.2813fx TBPE Registration No. F-230 www.tnpinc.com 287 CITY OF FORT WORTH, TEXAS DRAINAGE IMPROVEMENTS TO SERVE KELLER I.S.D. ELEMENTARY SCHOOL NO. 23 LOCATION MAP SCALE 1"..1543' SEPT 2015 V! \ fi 0 REMOVE EX 1.7E`ADW4LL & INSTALL PARALLEL' HEADWALL REMOVE EX HEADWA CONNECT TO EX 7X5' RCB !/„C NECT EX/ 421 RCP -ro PROPOSED 8545YRCB --1...STACKED MH PROPOSET)9'x5' RC PROPOSED erx5'1 • 'EADISS4.0 PROPOSED EARTHEN CHANNEL —PROPOSED FLOODPLAIN =:12EASafEliff: teague nail & perkins 1100 Macon Street Fort Worth, Texas 76102 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com 14/ „--- NACE EASEMEN cx-1,47a) 150 tnp 0 75 150, GRAPHIC SCALE CITY OF FORT WORTH, TEXAS DRAINAGE IMPROVEMENTS TO SERVE KF1 I FR I.S.D. ELEMENTARY SCHOOL NO. 23 EXHIBIT B INV MALGI PROJECT: teague nail & perkins CONCEPTUAL OPINION OF PROBABLE CONSTRUCTION COST DRAINAGE IMPROVEMENTS TO SERVE KELLER ISD ELEMENTARY NO. 23 TNP JOB # HUC 15138 DATE: 9/14/2015 ITEM DESCRIPTION ' QTY. I UNIT I UNIT COST I TOTAL DRAINAGE IMPROVEMENTS 1 2 O 241.3020 Remove 42' Storm Line O 241.4401 Remove 42' Headwall/ SET 20 1 LF EA $10.00 $750.00 $200 $750 3 O 241.4401 Remove 7'x5 Headwall/ SET 1 EA $1,500.00 $1,500 3 4 0241.4401 Remove 12 x5' Headwall/ SET 3123.0102 Unclassified Channel Excavation by Plan 1 1 EA LS $1,500.00 25,000.00 $1,500 $25,000 5 3125.0101 SWPPP >_ 1 acre 1 LS $2,500.00 $2,500 6 7 3137.0104 Medium Stone Riprap, dry 192 3305.0109 Trench Safety 691 SY $95.00 LF $ 2.00 $18,240 $1,382 8 3341.0402 42" RCP 16 9 3341.1403 7'x5 Box Culvert 442 LF $125.00 LF $500.00 $2,000 $221,000 10 3341.1502 8'x5 Box Culvert 229 LF $550.00 $125,950 11 12 3349.0104 4' Stacked Manhole 3349.1000 Headwall, Box Culvert 1 25 EA CY c $4,000.00 $950.00 $4,000 $23,750 13 3349.4001 SET,Type I for Box Culverts 10 CY $ 950.00 $9,500 SUBTOTAL $437,272.00 10% CONTINGENCY $43,727.27 TOTAL CONSTRUCTION COST $480,999.27 Basis for Cost Projection C No Design Completed ❑ Preliminary Design Final Design