The URL can be used to link to this page

Home My WebLink AboutContract 43312 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary •Contract No. qL3) ,- WHEREAS, the undersigned "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 Information: Developer Company Name: DR Horton -Texas, Ltd Authorized Signatory: Don E Allen Title: Assistant Secretary Project Name: Santa Fe Enclave Phase 3 Parr Trust Addition -Section 2 Phase 7 Project Location: South of Future Basswood Boulevard, west of Avondale Drive Additional Streets: Plat Case No.: FP-011-028, PP-010-019 Plat Name: Parr- Trust Addition Mapsco: 34-S To be completed by stall Received by: Council District: 2 City Project No:01787 Date: CFA: 2011-037 DOE:6721_ NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: OFFICIAL RECORD I CITY SECRETARY it WORTH, TX 1 06-1 4-1 2 A09:33 I N 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. Deve loper 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 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 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 1 Sewer (A-1) X , Paving (B) X , Storm Drain (B-1) X, Street Lights & Signs (C) X . t-' . 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 Combined CFA final Sept 12, 2008 2 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 may be. ii. To require its contractor to furnish to the City a payment and perforrnance 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 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, stoma 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 3 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. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required 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. 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 iniurres. 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. Combined CFA final Sept 12, 2008 4 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 inhales, 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 and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. 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. 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 5 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. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities 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. 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 community facilities if at the end of two (2) years from the date of this Agreement the community facilities 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 community facilities 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 fails to pay costs of construction and the financial guarantee is not a Completion 1 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. Combined CFA final Sept 12, 2008 6 Cost Summary Sheet Project Name: Santa Fe Enclave Phase 3 Parr Trust Addition -Section 2 Phase 7 CFA No.: 2011-037 DOE No.:6721 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 Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 152,930.20 2. Sewer Construction $ 168,026.00 Water and Setaer Construction Total $ 320, 956.20 B. TPW Construction 1. Street $ 31,886.00 2. Storm Drain $ 276,657.50 3. Street Sign $ 245.00 TPW Construction Cost Sub -Total $ 308,788.50 Total Construction Cost (excluding the fees): $ 629,744.70_ Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 6,419.12 D. Water/Sewer Material Testing Fee (2%) $ 6,419.12 Sub -Total for Water Construction Fees $ 12,838.25 E. TPW Inspection Fee (4%) $ 1,275.44 F. TPW Material Testing (2%) $ 637.72 G. Street Light Inspsection Cost H. Street Signs Installation Cost $ 245.00 Sub -Total for TPW Construction Fees $ 2,158.16 Total Construction Fees: $ 14,996.41 Financial Guarantee Options, choose one Amount Bond = 100% $ 629,744.70 Completion Agreement = 100% / Holds Plat $ 629,744.70 Cash Escrow Water/Sanitary Sewer- 125% $ 401,195.25 Cash Escrow Paving/Storm Drain r- 125% $ 385,985.63 Letter of Credit = 125% w/2yr expiration period $ 787,180.88 Choice (ck one) 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 Developer has executed this instrument in at Fort Worth, Texas this day quadruplicate, of ) 1 f1rJL ,20 /t. CITY OF FORT WORTH - Recommended by: Water Department 13_,e,in c Wendy Chi-B bulal, EMBA, P.E. Development ngineering Manager Approved to Form & Legality: Douglas W Black Assistant City Attorney ATTEST: Mary J. Kays City Secretary ATTEST Signature (Print) Name: Tran ortation & Public Works Department l�t•Jicv Douglas Wiersig, P.E. Director Approved by City Manager's Office Fernando Costa .o:Var Assistant City Manager Arc0/174 is% Az"dt Qoa000vo'!rNso ,�► oue QQOo � •� °0 Z f:11 a o ooa°4 .r. raitXiNa0# ark 47/en Combined CFA final Sept 12, 2008 8 DR Horton -Texas, Ltd Signature Print Name: Title: Don E. Allen Assistant Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment X Location Map X Exhibit A: Water Improvements X Water Estimate X Exhibit A-1: Sewer Improvements X Sewer Estimate X Exhibit B: Paving Improvements X Paving Estimate X Exhibit B-1: Storm Drain Improvements X Storm Drain Estimate X Exhibit C: Street Lights and Signs Improvements X Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 9 -1111biltal Wig 4 tarair 3479 E Herman Rd jir... Ji. S alga- &a Fort Worth Iue Mound Surrunartiolds Northwest Pa. i0 Wastam w n :rater BM, 0 NORTH 2000' SANTA FE ENCLAVE PHASE 3 GRAPHIC SCALE DATE: JULY, 2011 OWNER / DEVELOPER: DR HORTON - TEXAS, LTD 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX: 817-230-0899 ENGINEER: IIII!PELOTON !iv! LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 pose NOME-S BOULEVARD w J o> O° GATE OTERO PASS OLIVOS I_ANE tsvV EXHIBIT A - WATER 8"W FLOS OLIVOE LANE Cc MESILA LANE LEGEND —N— PROPOSED WATER LINES EXIST WATER LINES X NOTE: ALL PROPOSED WATER LINES ARE 8" UNLESS OTHERWISE NOTED 0 NORTH 200' OWNER / DEVELOPER: SANTA FE ENCLAVE DR HORTON - TEXAS, LTD PHASE 3 GRAPHIC SCALE DATE: AUGUST, 2011 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX: 817-230-0899 I' I PELOTON l LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 EXHIBIT A - ITEM # CITY BID 1 00618 2 00616 3 00749 4 00633 5 00546 6 00220 7 ( 00837 8 1 00762 9 1 00758 10 1 00553 11 1 00553 12 1 00382 13 1 00372 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION SANTA FE ENCLAVE PHASE 3 Updated 11-15-2011 WATER IMPROVEMENTS DESCRIPTION 8" PVC Water Line 6" PVC Water Line 8" Gate Valve and Box 16"x8" Tapping Sleeve & Valve Fire Hydrant w/ 6" Gate Valve Cast Iron Fittings Concrete Blocking - Type B Water Service, 1" Tap to Main Water Service, 1" Line Meter Box, Class B (Polyethylene) - Residential Meter Box, Class B (Polyethylene) - Irrigation 3 4" PVC for Irrigation Trench Safety TOTAL WATER IMPROVEMENTS UNIT LF LF EA EA EA TON CY EA LF EA EA LF LF QTY 2,944 10 5 1 2 1.4 3.0 49.0 1,250.0 49.0 1.0 125 2,954 UNIT PRICE 30.00 28.00 935.00 3,185.00 2,360.00 3,600.00 100.00 300.00 18.00 100.00 100.00 10.00 1.00 TOTAL 88,326.00 280.00 4,675.00 3,185.00 4,720.00 5,040.00 300.00 14,700.00 22,500.00 4,900.00 100.00 1,250.00 2,954.20 $152,930.20 CFA-SFE3.xls, cfa 1 of 5 Pv��E NOMES BOULEVARD OTERPA,SS S OLI\ OS LANE EXHIBIT Al - WASTEWATER s,‘ C)% Fir • GATE w J 1 LOS OLIVOS LANE MESILA LANE LEGEND PROPOSED SEWER LINES EXIST SEWER LINES NOTE: ALL PROPOSED SANITARY SEWER LINES ARE 8' UNLESS OTHERWISE NOTED 0 NORTH 200' SANTA FE ENCLAVE PHASE 3 GRAPHIC SCALE DATE: AUGUST, 2011 OWNER / DEVELOPER: DR HORTON - TEXAS, LTD 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX: 817-230-0899 PELOTON 11111 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185, KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION SANTA FE ENCLAVE PHASE 3 Updated 11-15-2011 EXHIBIT Al - SANITARY SEWER IMPROVEMENTS ITEM # CITY BID # DESCRIPTION 1 00332 8" Sanitary Sewer Main (SDR-35 PVC) 2 00332 8" Sanitary Sewer Main (SDR-26 PVC) 3 00355 Sanitary Sewer 4" Tap 4 00356 4" Sewer Service with cleanouts (SDR-35 PVC) 5 00358 4" Sewer Service with cleanouts (SDR-26 PVC) 6 00213 Manhole - Std 4' Dia. 7 00213 Manhole - Offset Std. 4' 8 00211 Interior Manhole Protective Coating 9 00372 Trench Safety 10 00201 Post Construction CCTV TOTAL SANITARY SEWER UNIT LF LF EA LF LF EA EA VF LF LF QTY 1,266 1,070 49 400 825 11 1 28.6 2,336 2,336 UNIT PRICE 40.00 45.00 250.00 13.00 14.00 2,340.00 2,340.00 1801 1.00 2.00 TOTAL 50,640.00 48,150.00 12,250,00 5,200.00 11,550.00 25,740,00 2,340.00 5,148.00 2,336.00 4,672.00 $168,026.00 CFA-SFE3.xls, cfa 2 of 5 loose "oMEs BOULEVARD OTERO PASS %%%//////////, I LOS OLIVOS 'LANE j / ////, LOS OI.IVOv LANE /////////, EXHIBIT B - PAVING I n z Q J GATE w z Q Q w 2 LEGEND VARIES TO 57' B-B / 78' ROW 29' B-B / 50' ROW (TYP) 0 NORTH 200' SANTA FE ENCLAVE PHASE 3 GRAPHIC SCALE DATE: NOVEMBER, 2011 OWNER / DEVELOPER. DR HORTON - TEXAS, LTD 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX:817-230-0899 I PELOTON UI4 LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION SANTA FE ENCLAVE PHASE 3 Updated 11-15-2011 EXHIBIT B- PAVING IMPROVEMENTS Intm # CITY BID # DESCRIPTION 1 00450 6" Reinf. Conc. Pvmt. w/ 7" Curbs 2 00499 6" Lime Stabilized Subgrade 3 00496 Hydrated Lime (30#/SY) 4 00424 Sawcut, Remove & Haul Off Ex Curb/Gutter (Basswood Blvd) 5 00040 Traffic Control 6 00134 Grass-Hydromulch Seeding - Install (TOTAL STORM DRAIN UNIT SY SY TON LF LS SY QTY UNIT PRICE 775 24.00 802 3.00 13 137 1 8,600 120.00 10.00 1,500.00 0.75 TOTAL 18600.00 2406.00 1560.00 1370.00 1500.00 6450.00 $31,886.00 CFA-SFE3.xls, cfa 3 of 5 SO \ 2 tc 77 pose HOMES 1 OTERC) PASS LOS OLIV OS LN EARTHEN CHANNEL c,F EXHIBIT B1 - STORM DRAINAGE GATE 8'x RCB 8'x4' RCB Q en W J OCC SO J Q LOS OI.IVOE LANE 8'x5 RCB 8'x6' RCB Yt RED GS M LEGEND PROPOSED STORM DRAIN EXIST STORM DRAIN 0 NORTH 200' SANTA FE ENCLAVE PHASE 3 GRAPHIC SCALE DATE: AUGUST, 2011 OWNER / DEVELOPER DR HORTON - TEXAS, LTD 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX: 817-230-0899 11! PE LOTO N ill!! LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION SANTA FE ENCLAVE PHASE 3 Updated 11-15-2011 EXHIBIT BI- STORM DRAIN IMPROVEMENTS ITEM # CITY BID # DESCRIPTION 1 00888 8'x4' RBC 2 00889 8'x5' RBC 3 00890 8'x6" RBC 4 00104 4'x4' Drop Inlet 5 00068 12" Gabion Mattress 6 00824 Remove Rip Rap and Wingwalls - Connect to EX 8'x4' RCB 00134 Seeding/Hydromulch of Channel (includes Water/Irrigation 7 until 80% Vegetative Cover is Attained) - Assumes 50' Width 8 00372 Trench Safety TOTAL STORM DRAIN UNIT LF LF LF EA SY LS SY LF QTY 597 276 32 1 50 1 650 905 UNIT PRICE 285 310.00 330.00 3,000.00 100.00 1,000.00 0.75 1.00 TOTAL 170145.00 85560.00 10560.00 3000.00 5000.00 1000.00 487.50 905.00 $276,657.50 CFA-SFE3.xis, cfa 4 of 5 \-97-S\ pose oMks BOULEVARD �O AS 40 OLIVOS LANE EXHIBIT C1- STREET NAME SIGNS GATE • A SANIDOVAL DRIVE LOS OFIVO2 LANE LEGEND PROPOSED STREET SIGNS EXIST STREET SIGNS SANTA FE ENCLAVE PHASE 3 GRAPHIC SCALE DATE: AUGUST, 2011 OWNER / DEVELOPER: DR HORTON - TEXAS, LTD 6751 NORTH FREEWAY FORT WORTH, TEXAS 76131 PHONE: 817-230-0800 FAX: 817-230-0899 I PELOTON LAND SOLUTIONS 5751 KROGER DRIVE SUITE 185 KELLER, TX 76244 PHONE: 817-562-3350 PELOTON LAND SOLUTIONS, LLC 5751 KROGER DR, SUITE 185 KELLER, TX 76244(817) 562-3350 CFA ESTIMATE FOR: PARR TRUST ADDITION SANTA FE ENCLAVE PHASE 3 Updated 11-15-2011 EXHIBIT C1 - STREET SIGNS IIT 1 # I_I 00506Y BID # (Street NameON Blades I UNIT I QTY 1 I UNIT PRICE 5 00 I 40T TOTAL' ITOTAL STREET SIGNS + $245.00 I CFA-SFE3.xls, cfa 5 of 5