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Home My WebLink AboutContract 41194'. COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OFT ARRANT § § City Secretary Contract No. Lt \ \S L.\- 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: Additions & Renovations to D . McRae Elementary School Project Location: Streets: 3200 Avenue N , Vaughn Blvd, Millet Ave. Mapsco: 78P Council District: 5 CF A: 2010-035 DOE: 6521 City Project No .: 01578 - I :~~=~~-A-~ RECORD CITY SECRETARY FT. WORTH, TX 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 ("CF A ") 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 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-l)_X_; 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 2 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: 1. 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. 11 . 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. 111. 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. 1v. 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 'i 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. v1. 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 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 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 it s 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: 1. 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. 11. 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. m . 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. 1v. Developer shall pay in cash the total cost of street signs . 5 f 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/Sewer Inspection Fee (2%) D . Water/Sewer 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 Total Construction Fees: 6 Developer's Cost $99 ,590 .00 $4 ,350 .00 $103 ,940.00 $0.00 $0.00 $0.00 $0 .00 $0 .00 $103,940.00 $2 ,078 .80 $2 ,078 .80 $4 ,157 .60 $0 .00 $0 .00 $0 .00 $4,157.60 The Checked Must be Included as Attachments to this Agreement Included [8l [8l [8l [8l [8l D D D D D D 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 Manag er, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed thi s instrument in quadruplicate, at Fort Worth, Texas thi s '-/ t(,,-day of tJOV'twlber 2010. CITY OF FORT WORTH Fernando Costa Assistant City Manager Recommended by: Transportation & Public Works Department N/~ William A Verkest, P .E . Director Water Department J Wendy Chi-Ba Jal , EMBA, P.E. Water Development E ngineering Manager Approved as to Form & Legality: 1h~~ Jessica Sangsvang M.a_t ~c'1..... /;()15-e Assistant-City Attorney f) Lf tl, +y t._/ 1-y A- ATTEST: 8 DEVE LOPER Walter Dansb y Deputy Superintendent ' NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PROJECT LOCATION 'fl/ill/I TEAGUENAU.ANDPERKINS !)j'fl INC. ======,,=o=,=;=,:::!.=0o==,':==h= •. =o=~=~=x=•=.=,:=·=;=.=, ,=o=.====== 1'11•••:(8 f 7' Ill• I TTI • l'a 1t :( I ,r )II 1•1111 ,,,,,,_,., ... ,, ..... . NOV 2010 0 i CITY OF FORT WORTH , TEXAS WATER &: SEWER IMPROVEMENTS TO SERVE D. McRAE ELEMENTARY SCHOOL -FORT WORTH 1.S.D. LOCATION MAP --FEN10137 ·, ,--------1--r-----Im~ [MQVE & ~LVAG[: : : 1 1 : 0 J [XISflNG F/1 HYDR!NT l l J ~ ii INST, LL N[ HYDRA T g ~ --~---~-------~---~ I -,-r1-- , I I I I I I I LJ_LJ __ .... -:;pt-~ ---------AVEN.EN ----------r -20· 11t ri.~J ~-----------~~-------~~~--------1--1 I I I I J __ J ;· 1 --1 i -1--1 I I I I LO T 1, BLO CK BR MILLET ADDITION D. McRAE EL EMENTARY SCHOO REMOVE & SALVAGE EXISTING FIR[ HYDRAN INSTALL NEW HYDRANT ,--------1;~~: t:~~~ft~~ -lm f!;. ;of me r~ - I nx2' S£RVIC TAP l tl) I : 1 1 1 1-f m. S~RV/C[ (flR[) ii _J~_J L _______ :-r~:ArG~Sf~ _ ,1 I _l_LJ_ ~5 1' jJ,~ ~ GRAPHIC SCALE 100 0 50 100 'IUGUIE NAU.AND PERKINS 1100 Meoon •t,eet l'ort Worth , Tex•• 7e10• l'to• e:('111111·1 TTI • l'ex :('11111 I-le 11 .... ,.,, ... ,, ..... . CITY OF FORT WORTH, TEXAS WATER & SEY1£R IMPROVEMENTS TO SERVE D. McRAE ELEMENTARY SCHOOL-FORT WORTH 1.S.D. EXHIBIT A --..CT N101 7 I 1-rl I I I I I I I I LJ _LJ __ -----_,_......__ ----_ ... .,.~ --AVENE N -----------r -..._ ----20·-;; rx.~J @---------·--,---------~. [\ -ss--~~f----ss-- OC1Sl1NC BUILDINC I I I _J~_J ,--------1 --r-----11 : I I I ltl) I I I I I I I 'I I L ________ J __ l _____ I 1! I J_LJ _ -----------------------------___________ * ____________________ - jJ,~ ~ GRAPH IC SCALE 100 0 50 OCT 201 O 18/'r ,.._No.HI# 100 1EAGUE NAU AND PERKINS 1100 Maoon Streat Fort Wort/I, T•x•• TS1011 I' hon., ( a 1 T) I I I· ITT,. Fa 11 : (11 T) I I I· 11111 www .tn,-onlln•.oo• CITY OF FORT WORTH, TEXAS WA 1ER &: ~R IMPRO't£MENTS TO SERVE D. McRAE ELEMENTARY SCHOOL-FORT ~TH 1.S.D. EXHIB IT A-1 .. J Ri=' TEAGUE NALL AND PERKINS Civil Engineering I Surveying ) Land scape Architecture Planning OPINION OF PROBABLE CONSTRUCTION COST PROJECT: Water & Sewer Improvements to serve DATE: 11/17/2010 Fort Worth I.S.D. -D. McRae Elementary School TNP JOB# FEN10137 ITEM DESCRIPTION QTY. UNIT UNIT COST TOTAL I WATER IMPROVEMENTS 1 O" PVC Water Line 380 LF $50.00 $19 ,000 .00 6" PVC Water Line 20 LF $30 .00 $600 .00 4" PVC Water Line " 20 LF $25.00 $500.00 2 1/2" Serv ice Waterline 10 LF $20 .00 $200 .00 2" Service Waterline ; 20 LF $18 .00 $360 .00 6"x4" Taoo inq Sleeve & Valve 1 EA $1 ,500.00 $1 ,500 .00 6"x2" Service Connection with 2" Dom . Meter & Box , 1 EA $1 ,250.00 $1 ,250 .00 6"x2" Service Connection with 2" lrrig. Meter & Box , 1 EA $1 ,000 .0 0 $1 ,000 .00 Abandon Existina 10 " Gate Valve in olace ' 1 EA $1 ,000 .00 $1 ,000.00 Cut and Plug 1 O" WL -2 EA $1 ,500.00 $3 ,000 .00 Abandon Existinq 1 O" WL in place 270 L F $50 .00 $13 ,500.00 1 O" Gate Valve with Box , 7 EA $1 ,750 .00 $12 ,250.00 6" Gate Valve with Box 2 EA $1,250 .00 $2,500 .00 6" Cut in Isolation Valve with Box 2 EA $1 ,500 .00 $3 ,000 .00 Remove and Salvage Ex . Fire Hydrants 2 EA $1 ,000 .00 $2 ,000 .00 Std . Fire Hydrant Assembly 2 EA $3 ,000 .00 $6 ,000.00 Ductile Iron Fittings 2 TON $3 ,000 .00 $6,000 .00 Asphalt Pavement Repa ir with Curb/Gutter Repa ir 75 LF $50.00 $3 ,750 .00 Concrete Valley Gutter Repair & Sidewalk Repa ir 130 LF $30 .00 $3 ,900.00 4' Concrete Sidewa lk 310 LF $15 .00 $4 ,650 .00 Barrier Free Ramp 2 EA $1 ,000 .00 $2,000 .00 Trench Safety 420 LF $1 .50 $630 .00 Erosion Control 1 LS $3 ,000 .00 $3 ,000 .00 Traffic Control 1 LS $8,000 .00 $8 ,000 .00 WATER SUBTOTAL $99 590.00 II SANITARY SEWER IMPROVEMENTS Std . 4' SSMH 1 EA $4,000 .00 $4,000 .00 Vacuum Testinq of SSMH 1 EA $150 .00 $150 .00 Concrete Manhole Co llar 1 EA $200 .00 $200 .00 SANITARY SEWER SUBTOTAL $4,350.00 TOTAL CONSTRUCTION COST $103,940.00 City of Fort Worth Water Department Material Testing Fee (2%) $2 ,079.00 City of Fort Worth Water Department Inspection Fee (2%) $2 ,079.00