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HomeMy WebLinkAboutContract 45381 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COIJNTY OF TAR NT § Contract No. WHEREAS., the undersigned Developer ("Developer") desires to make certain improvements ("'Improvements" related to a Pr 0"ect as described below ("Project") within the City 1 of Fort Worth,Texas('City")­ and WHEREAS, the Developer and the City desire to enter into this Comn-lunity Facilities in connection with the Improvements. Agreement("CFA"'or"Agreement") f eve open and PrIoJect InformatioW. Developer Company Name.- Texas Christian University--,--... Address, State,Zip Code.-, 2 S. Univers,ity Drivel Fort Worth TX 7'6129 Phone,E-Mail: (817),257-7815, brian.gutierrez@tCLI.edu Authorized Signatory/Title: Brian Gutierrez, Vice Chancellor for Finance and Administration Project Name and Brief Description.- Sanitary Sewer and Storm Drain Improvements to serve Texas Christian University Project Location.- Daniel-Meyer Coliseum, TCU Car pus Plat Case No.: N/A Plat,Name.- N/A Council District: 9 City Project No�.- 0223 CFA,-. 2013-095 DOE: 719!3 To be completed by sttiff.- Date: J Received by: , ri � ��. 0 OFF C IAL R' FFICIAL RECORD C C TYS ITY SECRIETARY I C T Ji Wo TJ FT. WORTH,TX r F, RECEIVED FEB 2 4 2M 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 teat 11, of the Policy and recognizes Mat there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said process requires, the contractor 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 linprovements contemplated by this Agreement and that said construction shall be comp,leted 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 ProV ect and the eibits attached hereto. 9 xh D. The following checked exhibits are made a part ►ereof-. Water Sewer A-1 Paving (B) N/A—, Storm Dra,in, (B-1) Street Lights & Signs (C) N/A E. The Developer shall award all contracts for the construction of the Improvements in, accordance with Section 'It, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8,, Section 11, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction contracts , 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 pre qualified to perform water/waste water construction as the case may be., 2 i i. 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 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 c,omnience construction so that City inspection personnel will be availabile; 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, piroceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have hilly 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 satisfactlon 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. Developer shall causethe installation or adjustment of the required utilities to serve the development or to construct the linprovernents required herein. L City shall not be responsible for any costs that may be incurred by Developer in the 3 relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. 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 ftiture 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 w'th 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 contracto�rs, sub-contractors, officers, agents or employees, whether or not such in L*uri`es, death, or damyges are eaused, M whole or in Ort, bLthe alleged nfgligence oL the-City o Worth, its officers,servants, or eMplo ees. 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 inLuri P es, death or daffigges are caused, in whole or in part, b the al negligence oL the �i o Fort Worth, its officers, servan or ear lo ees. 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, Iin conformance with the Policy,and in accordance with all plans and specifications. N. Upon completion o�f'all work associated with the construction of the infrastructure and 4 Improvements, Developer gill 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. 10. 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%1)for a total of 4% of the developer's share of the total construction cost as stated in the constrUCtiOn,contract. il*. Developer shall play in cash paving and stop-n drain inspection fees equal to four percent (4%) and material testing fees, equal to two percent(2%)l 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 WITH M 2 YEARS i. If applicable, the City's obligation to participate (exchisive of front foot charges) in the cost of the Improvements shall 'terminate if the Improvements are not completed 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 year. If the Improvements are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii. Nothi'ng contained herein 1*s 'Intended to limit the Developer's obligations under the Pollicy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. III of*, I itted or this The City may utilize the Developer's financial guarantee subm f Agreement to cause the completion of the constructiOrlof the Improvements if at the end of'two (2) years, from the date of this Agreement the Improvements have not been coi-nplieted and accepted. 5 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, becomes insolvent or falls 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 andjor 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 MTENTIONALLY LEFT BLANK) 6 Itl ,Clost Summary Sheet .Project Name-, TCU Say ary Sewer and Storm Drain finproviernients CFA No..- 20 13-0,915 DOE No. 7193 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 2.Sewer Construction $ 233a5 5.0 Water and Sewer Construction Total $ 233,511 5.00 B. TPW Construction 1.Street $ - 2.Storm Drain $ 130,289M 3.Street Lights Installed by Developer $ TPW Construction Cost Total $ 130,28,9.00 Total Construction Cost(ex lu�dinig the fees,): $ 363,804.00 Construction Fees.- C. Water/Sewer Inspection Fee(2%,) $ m5 0.3 D, Water/Sewer Material Testing Fee(21%) $ 4,6701.3,0 Sub-Total for Water Construction,Fees $ 9,344 60 E, T'P:W Inspection,Fee(4%) $ 5,2,11.55 F. TPW Material'Testing(2%') $1 2,605.78 G, Street Light Inspisection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ 7,817.34 Total Construction Fees: $ 179157.94 Choice, Financial Guarantee P glions,,choose one Amount (ck one) and= 10110!% $ 363,8O 0 COO lotion Agreement=1001%/Holds Plat $ 363,804.00 Cash Escrow Water/Saniftary Sew er,=1251% $ 291,118913,75 Cash Escrow Paving/Storm Drain=,125% 162,,8161I.2,51 Letter of Credit=125%w/2yr exeiration 2en d $ 454,755.00,L. 7' IN TESTIMONY WHEREOF,, the City of Fort Worth has caused this instrument to be executed in quadrupficate 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 Dev.,,loper has execut the in 'I Is instrument rupficate, at Fort Worth, Texas the day of e. 201 CITY OF FORT" FORTH- Recommended b.y.- Water Department Transportation &Public Works Department Wendy Chi- abulal, EMBA, P.E. Douglas Wiersig, P.E. Development Engineering Manager Director Approved a.5 to Form &Lega d- Approved by City Manq, '.S, Office Q6 V _ Douglas W. Black Fernando Costa Assistant City Attorney Assistant City Manager M&C'No. Date: f ATTEST: se .00 City, Secre Ao0l fY ATTEST.: DEVELOPER: Texas Christian University dor ignatu Sign re P . I-ee'I V1 Name: Brian Gut le ( Irint)Name Title: V'lee Chancellor for Finance and Administration OFFICIAL RECORD CITY SECRETARY "a WORTHI;TX 8 Check items,associated w the,project being,undertaketil checked, Rems,must b e n cluded as Attachments to thl"s Agreement IncItided Attachment z Location Map Exhibit A: Water Improvements Water Estimate Exhibit A-I: Sewer Improvements Sewer Estimate Exhibit B: 'Paving Improve rent s Paving 'Estimate z Exhibit B-1.-, Storm, Drain Improvements zi Storm Dra,in Estimate Exhibit C: Street 1-,Ights and Signs Improvements Street lights and Signs Estimate (ReMalinder of Page Intentionally Left Blank) 9 1 o "■"" Ln C) < __j Uji . ................. ............................... .............. _..W.. I a� �ccw:ll f CY-' w .mm_ ...._,...., COK 0 w r/W z CN �, LL_ +�J N OZOI 6 (D z C3 _. 91 11 _ �° Ln ac cc Q w 0. "►f� � mow. .� _...,.�.�.......� �,_..... � , �._ n W No LiKm cr LLJ Aw .. rc. C .. '".. 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Sewer& Storm Drain Project Item Information Bidder's Proposal Bidlist Itetri Unit oi- F_ No Description Specification Section No MeaSLIre Bid Quantity Unit Price Bid Value UNIT 1 WASTEWATER IMPROVEMENTS .0241.10 010 Remove Pvmt 02411 15 S"I Y 589 $18.00 $10,602.00 241-2015 12"'Sewer Abandonment Plu — 02 41 14 EA 2 $500.00 $1.000.06 .0241.2201 Remove;4"Sewer Manhole 0241 14 EA 1 $1,931.00 $1,9311.010, 0330. 001 Concrete Encase Sewer Pipe 03 30 a3 34 13 LF 3 $40.010 $1 2M8'0 3201.04 0,0 Tern ore As2halt Pave Re2air 1 3201 18 LF 737 $8,00 $5,896.00, 3201-0614 Conc Pvmt Repair 3201 29 LF 283 $65.00 118,395400 3301-0002 Post-CCTV' . ..... 31301; 31; LF 737 $1.00 $737.00 1 Vacuum Testinc 3301.01101 Manhole 3301 30 EA 6 $100,00 $6001.010 3305.0109 Trench S2fet y 3305 10 LF 737 $10-010 $7,370M� 3305-0112 Concrete Collar 3305 17 EA 5 $650.00 $3,250M, 3305,0113 Trench Water Stop 33 05 15 EA 5 $90.00 $450.00 3305°0115 Concrete Encasement for 1.jLtj Pipes 3305 10 LF 21 $40.00 $840MI 3331.4208 12"Sewer Pipe 33 11 10)33 31 12, LF 617 $1401.001 $864380,00 3,331.4209 12"Sewer Pipe,CSS Backfil,l 33 1L10 33 311 12, LF 1,2,0 $1910.010 $22,800M 3339.0001 ., Epoxy Manhole Liner, Corrosion Protection) 3,33960 VF 47 $250.00 $11,750,00 3339-1201 4'Manhole 313 39 10,33 39 20 EA 6 $61f000.00 $36,000M 33391203, 4'Extra Depth Manhole 33,3,9 10,33 39 20 VF 56.6 $250.00 $14,150.00 9999.01000 Sawcut Ex. Pavement 0241 15 LF 1416 $4.00 $5',664,010 99991.0001 Connect Sewer to Exis,ti92 Manhole 038000 EA 3 $1 500,00 $4,500,001� ........... ..... ..... 'Sub-Total Unit 1 $233,515M UNIT 2-STORM DRAI'N IMPROVEMENTS 01241 10010, Remove Pvmit 0241 15 SY 420 $118.00 $7,5160,00 02�41.3024 Remove 54"Storm Line 0241 14 LF 110, $50MI $5,500-00 02,41.3113 54"Storm Abandonme�nt Plu 012 411 14 EA 2 $1 $3,000 500,00 M 3201 0400 Temporary Asphalt Paving Repair 3201 1 LF 355 $8.00 $2,840.00 3201.0614 Conc Pv t Repair 3201 29 LF 25 $65.00 $1,625M" 3305.0101911 Trench Safety 3305 1i LF 380, $10.00 $3,8,00.00 3341.10502 54"RCP,Class 111 3341 10, LF 38 O $265.00 $100,:700,00 9999.0000 Saw cut Ex.Pavement 0241 15 LF 716 $4,00 $2,864.00 9999.0002 Connect to Ex.54"'wl ith Conc,Collar 3141 10 EA 2 $12010.00 $2,,4010,0101 Sub-Total Unit 2 $130,289.00 TOTAL —1 _$383,804.00 I CITY OF FORT WOR1 H SJ'ANDARD CONSTRI TCHON SPI- .FICKFION DOCUTNE NTS 1,on-n Rcvtsed 20120 2 0 Cost("somate_x Is, .'^ � TCU-SANITARY SEWER AND STORM DRAIN CFA PROJECT QUANTITY MATRIX Pa e 10 Page 12 Pa 3 IT;EM TOTAL UNIT PRICE ITEM TOTAL COST I e q2 IT Ut ti ITEM NO. B:ID ITEM UNIT Quantity Quanfity Quanti!y RemovePvint SY 1009 1009 $18.00 $18.162.00 2 12"Sewe:r Abandonment Plug EA 21 2 $500.00 $1,0010.00 4 Concrete Encase Sewer Pipe —LF 30 - 30 $40.00 $1,200.00 5 _jSmpo!�a Asphalt Pavin�Repair LF 737 355 1092 $18.010 $8,,736.00 6 Conc Pvmt Repair LF 2183 25 308 $65.001 $20,020.00 Sanita SewerFe.sting LF 737 737i $1.00 $,737.010 9 Trench SaEa LF 737 380 1117 $10.00 $11,170.001 10, Concrete Collar EA 5 5 $650.00 $3,2501.010 I I Trench Water Stop EA 51 51 $90.00 $450.00 12 Concrete Encasement for Ut,��Pipes LF 21 21 $40.00 $840M 13 12""Sewer Pipe LF 611,7 617 $140.00, $86,380.00 14 12"'Sewer Pipe,CSS Backfill LF 120 12011 $IWOO $22,8X00, 15 Epoa Manhole Liner(Corrosion Protection) VF 47 47 $250-00 $11,750,00 16 4Manliole EA 6 6 $6,10100,00 $36,00000 '17 4'Extra Depth Manhole VF 56,6 56.6 5O 001 $14,150.100 18 Sawcut Ex,Pavement LF 1416 716 2132, $4.00 $8,528.00 19, Connect Sewer to Existing Mantiole EA 3 3 $1�,500.001 $4,5001-00 20 Remove 54"'Stonn Line LF 110 110 $50.00 $5,50,01,00 22, 54"RCP,Class III LF 380 380 $265.00 $100,700.00 23 Connect to Ex,54"'with Conc.Collar EA 2 2 $1,200.00 $2,400.00 UNIT TOTAL $363,804.00 _