Loading...
HomeMy WebLinkAboutContract 39638 Ame GOVERNMENTAL ENTITY COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, the undersigned Governmental Entity, "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 Developer: Company: University of North Texas System Project Name: University of North Texas Health Science Center Public Health Education Building Project Location: Streets: 1000 Montgomery Street Mapsco: 75D Council District: 7 CFA: TBD DoE: 6131 City Project No.0 1 246 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 North and subsequently amended from time to time via a Mayor and Council Communication adopted b the City Council of the City of Fort Worth, ipFFICIAL RECORD P Y Y Y CITY SECRETARY hereby incorporated into this Community Facilities Agreement("CFA" as � . WORTH, TIC 1 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 the form of a Board order signed by the Developer's Board of Regents for the project. . 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) ; Storm Drain(B-1) ; 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 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 maybe. 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 2 t Aguf 1 1 f GOVERNMENTAL ENTITY COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS,the undersigned Governmental Entity, "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 Developer: Company: University of North Texas System Project Name: University of North Texas Health Science Center Public Health Education Building Project Location: Streets: 1000 Montgomery Street Mapsco: 75D Council District: 7 CFA: TBD DoE: 5131 City Project No.41246 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 b the City Council of the City of Fort Worth ipFFICIAZ RECORD] P Y y y CITY SECRETARY hereby incorporated into this Community Facilities Agreement("'CFA" as WORTH, TX 1 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 the form of a Board Order signed by the Developer's Board of Regents for the project. . 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 (13) ; Storm Drain(B-1) ; Street Lights & Signs ( 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 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 prequali f ed 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 2 AINVA S 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 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 3 i 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 iniu ries, death or damages are caused, in whole or in Part, the allied negligence of the GN of Fort Worth, its of �cers� 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 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. 4 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. 5 COST SUMMARY TABLE Items Developer's Cost A. Water and Sewer Construction 1. Water $133,600.00 2. Sewer $21,495.00 Water Construction Cost Sub-Total $155,095.00 B. TPW Construction 1. Street 2. Storm drain 3. Street Lights 4. Street Name Signs TPW Construction Cost Sub-Total $0.00 Total Construction Cost(excluding the fees): $1559095.00 Construction Fees: C. Water Inspection Fee(2%) $31101.90 D. Water Material Testing Fee(2%) $3,101.90 Sub-Total for Water Construction Fees $6,203.80 E. TPW Inspection Fee(4%) $0.00 F. TPW Material Testing(2%) $0.00 Sub-Total for TPW Construction Fees Total Construction Fees: $161,298.80 6 t Alk 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-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) 7 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,a d said Developer has executed this instrument in quadruplicate,at Fort Worth,Texas this day of 1yS*Vku00.% , 2009. CITY OF FORT WORTH DEVELOPER University of North Texas System Cfk e 7Wchkrd Escalante Assistant City Manager Vice Chancellor for Administrative Services Recommended by: Transportation&Public Works Department Aj I 6 William Verkest,P.E. Director and/or Water Department JN Wendy Chi-B lal,EMBA, P.E. Water Develo ent Engineering Manager Approved as to Form&Legality CU Amy J. R6s NO M&G REQUIRED Assistant City Attorney ATTEST: 4�����nn A,oA' *CIFIT act Y 0 Marty Hendrix �v o g 0 City Secretary o*d F ! OFFICIAL RECORD �oa000°�°� CITY SECRETARY�� FT.WORTH,Tx u +> CL C5 _JX z CL) 'y U u tn Li zry N❑CIS Vff P � <11 LU H3C P � d d � d � ❑: d Lli <1 cl� x (Y- LLJ LL--1 CL .....x-I.. 00 E:l Z C-2 � � L-J LL- L-L-1 N iw 1 3>i S VH H L 11&1 G k H [111 N� > �� T❑CIdW ,� LJ ❑ 7-1 7- Y-." V) I Ly- F--i < > �i❑:33 A M31A a ac �a 0 C: N❑ 0 L CL 0 0 co 0 T Z D +1 U da C) L .......... LY R; -------- --- ---- L-A CD Vi oz LJa' z 06 oi< .......... ------------- zz s* a 't I Z cry w �� ± ............. I_j VII > LLJ co CA) C] Ld Z c"i < ce m TPMI C:D c � LIL; W Lj X __j u >> > > -> < <W LLI LLJ u > > cu < < 9 < co cc co tV, u < Li LLJ < > P- _j < > ak CO L�j Lj j Co CY U CL_ a- CL a- ai- I Ca T UNIT 1: WATER (Furnish quid install,including all appurtenant work,complete in place,the following items) (D-No.refers to related items in the Part D Special Conditions:) Item Approx. Unit Item Description Unit Total Measure P Price Amount N o_ Quantity rnent "D"Item reference LTNTT'1: WATER 1. 680 L.F. 8"water Main Per Linear Foot Twenty_Nine Dollars& No� Cents $29.00 $19,720.00 2. 6 Ea. 8"Gate Valve&Box Per Each One Thousand Two Hundred Ten Do l l ars& No Cents $17210.00 $7,260.00 3. 1 Ea. Fire Hydrant Assembly Per Each Five Thousand Three Hundred Dollars& No ..�^._ Cents $59,300.00 $52300.00 4. ? Ea. 2"Meter with Box Per Each One Thousand I .'1ne Hundred Fifty Dollars& No Cents $19950.00 $31904.00 5. 1 Ea. 6"gate Valve with Meter Box Per Each Eleven Hundred Dollars& No Cents $11100.00 $15100.0 6. 2 Ea. 8x8 Taping Sleeve and Valve Per Each Three thousand Four Hundred Sixty Five Dollars& No Cents $3,465.40 $69930.00 N-.JO BV)1 1241%pec:,01 1'41.Utilities 20090909.doc B-2 Upped September 9,2009 Item Approx. Unit Item Description Unit Total No. Quantity ent "D"Item reference Face Amount ��ent UNIT I: WATER 7. 142 L.F. PVC DR-14-4"Water Line Per Linear Foot Twenty Dollars& No Cents $20.00 $2,040.00 8. 2.1 Ton Cast Iron Fittings,Furnish.and Install Complete in Place Inc]uding Concrete Blocking, Per Ton Seven Thousand Three Hundred Fifty= Dollars& No Cents $7,350.00 $15,435.00 9. 98 L.F. Open Cut Existing Asphalt Pavement Per Linear Foot Forty Four Dollars& No Cents $44.00 $4,312.00 lo. 1 L.S. Storm water Management Per Lump Sum Six Hundred Dollars& No Cents $600.00 $600.00 11. 10 C.Y. Class B(2540)Encasement Per Cubic Yard One Hundred Tbigy Five Dollars& No Cents $135.00 $1,350.00 I?, 10 C.y. Class E(1500)Encasement Per Cubic Yard One Hundred Fifteen Dollars& No Cents $l 15.00 $19150.00 13. 10 C.Y. Crushed Limestone Per Cubic Yard Thirty Two Dollars& No Cents $32.00 $324.04 14. 10 C.Y. Ballast Stone Per Cubic Yard Tbirty Two Dollars& No Cents $32.00 $320.00 N:4JOBID1 124 1�SpcckO 1124 1.Utilities 20090909.doc 9-3 Updatod September 9,2 ' T 7 a r Item A rox. Unit Unit Total Measure easure Item Description No. Quantity "D"Item reference Price Amount ment UNIT 1: WATER is. 680 L.F. Trench Safety(Water Main) Per Linear Foot Two Dollars& Fift Cents $2.50 $1,700.00 16. 1 L.S. Traffic Control Per Lump Sum Twelve Thousand Two Hundred Dollars& No Cents $12,200.00 $12,200.00 17. 1 L.S. Trench Pavement Repair,Including Inductance Loop Repair and Flowahle Fill Per Lump Sum Fort Thousand Six Hundred Dollars& No Cents $40,600.00 $409600.00 18. 3 Ea. Connection to Existing Mains Per Each Three Thousand One Hundred Twenty one Dollars& $3,121.00 $37363.00 No Cents 19. TOTAL AMOUNT BID WATER $133,600.00 N:JCB\01 1241.SpecIU 1124 Z.Utiiitirs 20090909.doc B-4 Updated September 9.2009 .................. ...... ...... D C�l F-7 ce .......... ------------- ........................................... ------ .... C:D ------------- CD ti Li c 40 u Cl- C:, 4L 0- Cl 7- z > ICL. Ci- Cl I L-D UNIT 11: SANITARY SEWER ;. Item Approx. nit Item Description Unit 'Total No. Quantity Measure "D"Item reference Pace Amount ment UNIT II: SANITARY SEWER l. I Ea.. Construct Standard 4'Diameter Manhole Per Each Seven Thousand .fight Hundred _ � Dollars& Na Cents $72800.04 $7,800.00 ?. I Ea. Vacuum Test for Manholes Per Each One Hundred Sixty Fives Dollars& No Cents $165,00 $165.04 3. 1 L.S. Traffic Control including Flagmen Per Lump Sum One Thousand Seven Hundred Fifty Do)lars& No Cents $1,750.04. $17750.00 4. 1 L.S. Trench Pavement Repair Including `french Safety and Flowable Fill Per Lump Sum Eleven Thousand Seven Hundred Ei h Dollars& No Cents $11,780.00 $11s780-00 TOTAL AMOUNT BID SANITARY SEWER $21,495.00 Unit I—Water $133,600.00 Unit II-- Sanitary Sewer $21.1495.00-- GRAND TOTAL $155.095.00 PART E -PROPOSAL(Cont.) After acceptance of this Proposal, the undersigned wil.1 execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful perfortnance of the Contract. The attached bid security, if required is to become the property of the Devc1 oper. 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 N:1J0 B%D 1124 V6 Peck)1124 1.Utilities 2009,0909.doc H-5 Updated Sgnember 9,2OQ9