HomeMy WebLinkAboutContract 43268 (2)GITY SECRETARY;'I
COMMUNITY FACILITIES AGREEMENT CONTRACT NO.
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No.
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project"), an
addition to the City of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this "Agreement" in
connection with the Improvements.
Developer Information:
Developer Company Name: Pulte Homes of Texas, L.P.
Address, State, Zip Code: 1234 Lakeshore Drive, Suite 750 Coppell, TX 75019
Phone, E-Mail: (972) 304-2800, clint.vincent@pultegroup.com
pultegroup.com
Authorized Signatory/Title: Clint Vincent, Division Vice President Land Development
Project Name: West Fork Ranch Ph. 3B
Project Location: Horseman Road & Canchim Street
Plat Case No.: FP-012-007 Plat Name: Parr Trust
Mapsco: Council District: 2 City Project No: 01877
CFA: 2012-014 DOE: 6815
To be completed b - staff:
Received by:
Yn
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
06-01-12 PO4 : 13 IN
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 (`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. 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 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
Sewer (A-1) X Paving (B) X , Storm Drain (B-1) X Street
Lights & Signs (C) X
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.
Combined CFA final Sept 12, 2008 2
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 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
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
3
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. 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 injuries, death or damages are
caused, in whole or in part, by the alleged negligence of the City of
Combined CFA final Sept 12, 2008 4
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 injuries, 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.
5
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. 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 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: West Fork Ranch Ph. 3B
CFA No.: 2012-014
DOE No.: 6815
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
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
Total Construction Fees:
Financial Guarantee Options, choose one
IBond = 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
Developer's Cost
179, 270.00
280,494.10
459,764.10
509,775.25
228,454.00
75,194.20
813,423.45
1,273,187.56
9,195.28
9,195.28
18,390.56
29, 529.17
14,764.59
3,007.77
1,715.00
49,016.52
67,407.09
Choice
Amount (ck one)
1,273,187.55 X
1,273,187.55
574,705.13
1,016, 779.31
1,591,484.44
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its naive 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 quadruplicate, at Fort Worth, Texas this day
of jIIIVLL. , 20 I .
CITY OF FORT WORTH - Recommended by:
Water Department
ndy Chi- abulal, EMBA, P.E.
Development Engineering Manager
Approved a o Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. /IIA-
Date:
ATTEST:
ary J. `Kayse
City Secretary
ATTEST:
1
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Tr. sportation & Public Works Department
1
Dougl.r W. Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
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Pulte Homes of Texas, L.P.
By its general partner
Pulte Nevada I, LLC
Signature Signature
(Print) Name: Print Name: CZ b%/..e)teA
Title: j/0
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Combined CFA final Sept 12, 2008 8
Check items associated with the project being undertaken; checked items 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
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(Remainder of Page Intentionally Left Blank)
9
PELOTON LAND SOLUTIONS, LLC
5751 KROGER DR, SUITE 185, KELLER, TX 76244(817) 562-3350
CFA ESTIMATE FOR: PARR TRUST ADDITION
WEST FORK RANCH PHASE 3B
5/8/2012
EXHIBIT A - WATER IMPROVEMENTS
ITEM # DESCRIPTION
00618 8" PVC Water Line
00618 8" PVC Water Line (School Service)
00749 8" Gate Valve & Box
00546 Fire Hydrant Assembly (includes 6" GV)
002201Cast Iron Fittings
00837 I Concrete Blocking - Type B
00762I Water Service, 1" Tap to Main
00758IWater Service, 1" line
00372jTrench Safety
TOTAL WATER
EXHIBIT Al - SANITARY SEWER IMPROVEMENTS
ITEM # DESCRIPTION
00332 8" Sanitary Sewer Main (SDR-35 PVC)
00332 8" Sanitary Sewer Main (SDR-26 PVC)_
00332 8" Sanitary Sewer Main (SDR-26 PVC) School Service
00213 Manhole - Std 4' Dia
00214 Manhole - Extra Depth over 6'
00217 Manhole - Vacuum Test
_00211 Manhole - Coating for Corrosion Protection
00355 Sewer Service - 4" Tap
00356 4" Sewer Service with cleanouts (SDR-35 PVC)
00358 4" Sewer Service with cleanouts (SDR-26 PVC)
00372 Trench Safety
00201 Post Construction CCTV
TOTAL SANITARY SEWER
UNIT
LF
LF
EA
EA
TON
CY
EA
LF
LF
UNIT
LF
LF
LF
EA
VF
EA
VF
EA
LF
LF
LF
LF
QTY
3,655
70
8
4
1.9
4.4
59
1,380
3,725
QTY
2,009
1,635
37
17
68
17
8
59
525
1,068
3,681
3,681
UNIT PRICE
28.50
28.50
1,000.00
2,300.00
3,400.00
200.00
430.00
16.00
0.30
39.90
39.90
39.90
2,950.00
255.00
100.00
190.00
380.00
20.00
20.50
0.90
1.30
TOTAL
104,167.50
1,995.00
8,000.00
9,200.00
6,460.00
880.00
25,370.00
22, 080.00
1,117.50
$179,270.00
TOTAL I
80,159.10
65,236.50
1,476.30
50,150.00
17,340.00
1,700.00
1,520.00
22,420.00
10,500.00
21,894.00
3,312.90
4,785.30
$280,494.10
WFR_PH3B_CFA_QTO_20120508.x1s, Ph3B
1 of 3 5/8/2012
PELOTON LAND SOLUTIONS, LLC
5751 KROGER DR, SUITE 185, KELLER, TX 76244(817) 562-3350
CFA ESTIMATE FOR: PARR TRUST ADDITION
WEST FORK RANCH PHASE 3B
5/8/2012
EXHIBIT B- PAVING IMPROVEMENTS
ITEM # DESCRIPTION
00453 7-1/2" Reinf. Conc. Pvmt. w/ 7" Curbs (Horseman Road)
00484 6" Lime Stabilized Subgrade for (Horseman Rd)
00453 7-1/2" Reinf. Conc. Pvmt. w/ 7" Curbs (Canchim street)
00484 6" Lime Stabilized Subgrade for (Canchim Street)
00453 6" Reinf. Conc. Pvmt. w/ 7" Curbs for 29' b-b street
0048416" Lime Stabilized Subgrade for 29'b-b street
00496JHydrated Lime (28#/SY)
0052714', 4" Conc. Sidewalk
0052715', 4" Conc. Sidewalk
00532 B/F Ramps (Type H)
00457 B/F Ramp Removal (Type G)
00532 B/F Ramps (Type A)
00453 Pavement Marking - Striping
00435 Pavement Marking - Traffic Button
00453 Traffic Signs
00457 Sawcut and Removal of Exist Curb & Gutter (Canchim Street)
ITOTAL PAVING
EXHIBIT BI- STORM DRAIN IMPROVEMENTS
ITEM # DESCRIPTION
01281 12'x5' RCB
01281 7'x5' RCB
00083 30" RCP
00082 24" RCP
00081 21" RCP
00106 10' Curb Inlet
00107 15' Curb Inlet
01291 12'X5' Flared Wing Headwall
01291 7'X5' Flared Wing Headwall Straight Wingwalls
Remove Existing 7'x5' RCB
00535 Safety hand railing
00065IUnclassified Channel Excavation
00134 Grass-Hydromulch Seeding for Channel
Remove Existing Headwall
00094 18" Thick Rock Rip Rap
00372 Trench Safety
TOTAL STORM DRAIN
UNIT
SY
SY
SY
SY
SY
SY
TON
SF
SF
EA
EA
EA
LF
EA
EA
SY
UNIT
CY
CY
LF
LF
LF
EA
EA
EA
EA
LF
LF
CY
SY
EA
CY
LF
QTY
QTY
600
669
4,403
4,660
8,653
9,248
204
1,133
4,024
8
1
2
270
167
5
20
245
31
82
59
117
5
1
2
1
2
30
3,000
3,000
1
154
532
39.60
1.85
32.45
1.85
29.50
1.85
135.00
3.40
3.40
1,200.00
100.00
850.00
5.95
4.95
360.00
10.00
450.00
595.00
65.00
50.50
45.50
2,500.00
3,100.00
8,600.00
7,800.00
200.00
100.00
8.00
1.00
1,000.00
90.00
0.50
TOTAL
23,760.00
1,237.65
142,877.35
8,621.00
255,263.50
17,108.80
27,540.00
3,852.20
13,681.60
9,600.00
100.00
1,700.00
1,606.50
826.65
1,800.00
200.00
$509,775.25
TOTAL
110,250.00
18,445.00
5,330.00
2,979.50
5,323.50
12,500.00
3,100.00
17,200.00
7,800.00
400.00
3,000.00
24,000.00
3,000.00
1,000.00
13,860.00
266.00
$228,454.00
WFR_PH3B_CFA_QTO_20120508.x1s, Ph3B
2 of 3 5/8/2012
PELOTON LAND SOLUTIONS, LLC
5751 KROGER DR, SUITE 185, KELLER, TX 76244(817) 562-3350
CFA ESTIMATE FOR: PARR TRUST ADDITION
WEST FORK RANCH PHASE 3B
5/8/2012
EXHIBIT C - STREET LIGHTING IMPROVEMENTS
DESCRIPTION
00398 Light Fixture, Single Arm Cobra
00969 Light Pole Foundation
00398 27' Pole, Residential
00382 2" Sch 40 PVC (includes Trenching & Backfill)
01304 #10 THHW Copper
00391 Ground Box
TOTAL STREET LIGHTS
EXHIBIT C1 - STREET SIGNS
DESCRIPTION
01021 Street Name Blades
(TOTAL STREET SIGNS
UNIT QTY
EA
EA
EA
LF
LF
EA
UNIT QTY
EA
18
18
18
1,395
4,747
1
71
525.00
800.00
2,100, 00
5.50
1.10 1
650.00 1
105.00
TOTAL
9,450,00
14,400,00
37,800,00
7,672,50
5,221,70
650.00
$75,194.20
TOTAL
735.00
$735.00
WFR_PH3B_CFA_QTO_20120508.xls, Ph3B
3 of
5/8/2012
R�
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LEGEND
-HE- PROPOSED WATER LINES
EXIST WATER LINES
PRESSURE PLANE VALVE
NOTE: ALL PROPOSED WATER LINES ARE 8"
UNLESS OTHERWISE NOTED
2
EXHIBITA - WATER
3 4 5
BERNESE LANE
7 8
F I
9
0
e:
0
L
J
j
L
I
41.01
0
NORTH
200'
WEST FORK RANCH
PHASE 3B
GRAPHIC SCALE DATE: FEB, 2012
OWNER / DEVELOPER*
PULTE HOMES
1234 LBJ LAKESHORE DRIVE, SUITE 750A
COPPELL, TEXAS 75019
PHONE: 972-304-2800
Hill PELOTON
Pi LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
0
\ I
EXHIBIT Al - WASTEWATER \
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*
20
* 21
* 22
* 23
* 24
I,* 25
LEGEND
P ROPOSED SEWER LINES
EXIST SEWER LINES
S DR 26 SERVICES
NOTE: ALL PROPOSED SANITARY SEWER
LINES ARE 8" UNLESS OTHERWISE NOTED
3 4 5 6 7 8 9 10 11 12
NORTH
200'
BERNESE LANE
WEST FORK RANCH
PHASE 3B
GRAPHIC SCALE DATE: FEB, 2012
i
t
OWNER / DEVELOPER*
PULTE HOMES
1234 LBJ LAKESHORE DRIVE, SUITE 750A
COPPELL, TEXAS 75019
PHONE: 972-304-2800
1
2
3
5
6
7
8
11111 PELOTON
1111 LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
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PROPOSED STREET SIGNS
EXIST STREET SIGNS
BERNESE LANE
EXHIBIT C1 - STREET NAME SIGNS
D NORTH 200'
WEST FORK RANCH
PHASE 3B
GRAPHIC SCALE DATE: FEB, 2012
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OWNER / DEVELOPER•
PULTE HOMES
1234 LBJ LAKESHORE DRIVE, SUITE 750A
COPPELL, TEXAS 75019
PHONE: 972-304-2800
2
III PELOTON
I' LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE: 817-562-3350
I)ROJECT
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0 NORTH 2000'
WEST FORK RANCH
PHASE 3B
GRAPHIC SCALE DATE: FEB, 2012
OWNER / DEVELOPER•
PULTE HOMES
1234 LBJ LAKESHORE DRIVE, SUITE 750A
COPPELL, TEXAS 75019
PHONE: 972-304-2800
ENGINEER•
!i!! P E LOTO N
LAND SOLUTIONS
5751 KROGER DRIVE
SUITE 185
KELLER, TX 76244
PHONE 817-562-3350