HomeMy WebLinkAboutContract 43616COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT §
Contract Na v� � I L-
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: D.R. Horton — Texas, Ltd.
Address, State, Zip Code: 6751 North Freeway, Fort Worth, TX 76131
Phone, E-Mail: (817) 230-0800
Authorized Signatory/Title: Don E. Allen, Assistant Secretary
Project Name: Terrace Landing Ph. 2C
Project Location: 5210 Marine Creek Pkwy.
Plat Case No.: FP-011-03 8 Plat Name: Terrace Landing
Mapsco: 47 G, L
CFA: 2012-047 DOE: 6843
To be completed by taff:
Received by: ,, , • Date:
Council District: 7 City Project No: 01910
[OFFICIAL RECORD
CITY SECRETARY
ET. WORTh TM
1
si 3D1
09-24-12 A09:52 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) ,Paving (B) _X_, Storm Drain (B-1) 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.
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 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 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.
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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: Terrace Landing Ph. 2C
CFA No.: 2012-047 DOE No.: 6843
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
I Bond = 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
$ 55,849.00
55,849.00
102,280.00
10,523.00
10,008.00
$ 122,811.00
$ 178,660.00
$
$
$
$
1,116.98
1,116.98
2,233.96
4,512.12
2,256.06
400.32
Min
7,168.50
9,402.46
Amount
178,660.00
178,660.00
69,811.25
153,513.75
223,325.00
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 uadruplicate, at Fort Worth, Texas this day of
, 20
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy CEMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
r
Douglas W. Black
Assistant City Attorney
M&C No. /tUA-
Date:
ATTEST:
Mary Tit-dy_se
City Secretai
ATTEST:
Signature
(Print) Name: Mark Allen
Transportation & Public Works Department
Douglas jj . Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
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D.R. Horton — Texas, Ltd.
By: D.R. Horton, Inc.
Its Authorized Agent
9
Signature
Print Name: Don E. Allen
Title: Assistant Secretary
OFFICIAL RECORD
CITY SECflTAPYY
Ft WORTh, Tn.
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 Fstimate
Exhibit B-1: Storm Drain Improvements
Storm Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
r
S.
ill
(Remainder of Page Intentionally Left Blank)
4414-44
I Lake Crest Estates
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VICINITY MAP
TERRACE LANDING - PHASE 2C
FORT WORTH, TEXAS
PREPARED BY:
USA PROFESSIONAL ',
SERVICES GROUP, INC 5
CIVIL ENGINEERS - SURVEYORS - PLANNERS
LANDSCAPE ARCHITECTS
1525 VICEROY DRIVE
DALLAS, TEXAS 75235
214.634.3300 (OFC) 214.634.3338 (FAX)
USAI PROJECT NO.: 2004051,10
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MARLIN ATLANTIS WHITE, LTD,
TRACT3
CLERK'S PILE NO, D205112195
LEGEND
WL
TERRACE LANDING
CAB, A PO. 11935
O,P,R,T.C.T,
15
16
17 �3
FREESTONE COURT
21
20
19
PROP. WATER LINE
t PROP. GATE VALVE
PROP, FIRE HYDRANT
EXHIBIT "A"
WATER LINES
TERRACE LANDING - PHASE 2C
FORT WORTH, TEXAS
CONTAINING:
LOTS 11-25 BLOCKN;
LOTS 14 - 29, BLOCK 0
18" WATER LINE 852 L.F. I
PREPARED BY:
USA PROFESSIONAL
SERVICES GROUP, INC.
CIVIL ENGINEERS - SURVEYORS
PLANNERS -LANDSCAPE ARCHITECTS
1525 VICEROY DRIVE
DALLAS, TEXAS 75235
214.634.3300 (OFC) 214.634,3338 (FAX)
18
25
24
23
22
21
20
19
18
17
16
16
14
13
12
11
J
1
1
15
16
17
18
19
20
9-
21 0
22
23
24
25
20
27
28
29
WL�
SCALE:
1" = 150'
TERRACE LANDING
CAB, A PG, 11935
USAI PROJECT NO.: 2004051,10
ESTIMATE OF PROBABLE COST
Job Name. Terrace Landing Phase 2C for CFA
Location: Fort Worth, Texas
Number of Lots: 31
Job No.: 2004051.09
Scheme: Phase 2C
•
DESCRIPTION
.......................................... .
8" Water 200 C - PVC DR-14 Water Main
8" Gate Valve
8" Plug
Water Service - 1" Copper Services including Tap with
CL - Domestic
Remove Cap and Connect to Existing 8"
Fire Hydrant Assembly (including fitting, 6" Value & Tee)
Cast Iron Fittings
Concrete Blocking
System Testing
Trench Saftey
WATER
QUANTITY UNIT
852 L.F.
3 EACH
1 EACH
31 EACH
2 EACH
1 EACH
0.5 ITON
1.5 C.Y.
852 L.F.
852 L.F.
UNIT PRICE
$34.00
$1,000.00
$800.00
$425.00
$750.00
$3,200.00
$5,000.00
$100.00
$2.00
$1.00
TOTAL
TOTAL
$28,968
$3,000
$800
$13,175
$1,500
$3,200
$2,500
$150
$1,704
$852
$55,849
USA Professional Services Group, Inc. 2 of 6 8/15/2012
MARLIN ATLANTIS WHITE, LTD,
TRACT 3
CLERK'S FILE NO, D205112195
O P R T C,T.
TERRACE LANDING
CAB, A P0, 11935
O,P.R,TIO.T,
21
15
20
18 19 1
17 3 18 J
FREESTONE COURT
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LEGEND
PROP, STORM DRAIN
= EXIST. STORM DRAIN
EXHIBIT "C'
STORM SEWER
19.
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TERRACE LANDING - PHASE 2C
4 FORT WORTH, TEXAS
CONTAINING:
LOTS 11- 25 BLOCK N;
LOTS 14 - 29, BLOCK 0
PREPARED BY:
USA PROFESSIONAL
SERVICES GROUP, INC.
ME1
CIVIL ENGINEERS - SURVEYORS
PLANNERS -LANDSCAPE ARCHITECTS
1525 VICEROY DRIVE
DALLAS, TEXAS 76235
214.634,3300 (OFC) 214.634.3338 (FAX)
25
24
23
22
21
20
19
18
17
16
15
14
13
12
11
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0
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9
10
11
12
13
LOT 7
14
15
18
17
19
20 5
21 0
22
23
24
25
28
27
28
29
SCALE:
1"=150'
TERRACE LANDING
CAB. A P0. 11935
O.P.R.T.C.T,
USAI PROJECT NO.: 2004051,10
DESCRIPTION
21" RCP
10' Curb Inlet
RCP to RCB Connection
Trench Safety
Erosion Control
ESTIMATE OF PROBABLE COST
Job Name. Terrace Landing Phase 2C for CFA
Location: Fort Worth, Texas
Number of Lots: 31
Job No.: 2004051.09
Scheme. Phase 2C
DRAINAGE
QUANTITY
UNIT UNIT PRICE
$55.00
$2,500 00
$1,200 00
$6.00
$500 00
TOTAL
TOTAL
2,365
$5,000
$2,400
$258
$500
$10,523
•
USA Professional Services Group, Inc. 4 of 6 8/15/2012
SCALE:
1"=150'
w
ro
ASPHALT PAVEMENT
i
4 WIDE SIDEWALK
v
y: STREET NAME LENGTH
0 N AUSTIN RIDGE DRIVE 614 L,F,
N TOTAL 814 L.F.
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MARLIN ATLANTIS WHITE, LTD.
TRACT 3
CLERK'S FILE NO, D205112195
W
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1
0
3 PREPARED BY:
ow USA PROFESSIONAL
I) SERVICES GROUP, INC.
t51
cg CIVIL ENGINEERS - SURVEYORS
PLANNERS LANDSCAPE ARCHITECTS
E 1525 VICEROY DRIVE
N DALLAS, TEXAS 75235
y 214.634.3300 (OFC) 214,634.3336 (FAX)
0-
6" CONCRETE PAVEMENT
18
18
17
TERRACE LANDING
CAB, A PO. 11935
O,P,R,T,C.T.
21
20
19
18
FREESTONE COURT
EXHIBIT 'D"
PAVEMENT
TERRACE LANDING - PHASE 2C
FORT WORTH, TEXAS
CONTAINING;
LOTS 11- 28, BLOCK N;
LOTS 14 - 29, BLOCK O
26
24
23
22
21
20
z19
18
17
18
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+ + 23
+
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+ 24
16 ++
+ 28
14 +
28
13 +4
4 27
+
28
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12
11
%EN
29
TERRACE LANDING
CAB, A p0, 11939
w O,P.R.T.C.T,
0
TEM?ORARYA3PHALT
TUR4AROUND
SIDEWALKS LENGTH
PHASE 2C 30 LE,
TOTAL 30 L.F,
NOTE; SIDEWALKS ADJACENT TO RESIDENTIAL
LOTS TO BE CONSTRUCTED BY HOME BUILDER
USAI PROJECT NO,: 2004051,10
ESTIMATE OF PROBABLE COST
Job Name. Terrace Landing Phase 2C for CFA
Location: Fort Worth, Texas
Number of Lots: 31
Job No.: 2004051.09
Scheme: Phase 2C
DESCRIPTION
Concrete Street Pavement - 3600 psi - 6" Class "C"
Lime Stabilized Subgrade
Hydrated Lime (Assume 32 Ib/sy)
Asphalt 6' Thickness with 6 Lime
4' Sidewalks
Construction Entrance
Traffic Control
PAVING
QUANTITY
UNIT
1 980 S.Y
3 100 S.Y
50 TON
975 S.Y.
120 S.F.
1 L.S.
1 L.S.
UNIT PRICE
$27.50
$3.00
$155.00
$28.00
$4.00
$2,000.00
$1,000.00
TOTAL
TOTAL
$54,450
$9,300
$7,750
$27,300
$480
$2,000
$1,000
$102,280
USA Professional Services Group, Inc. 5 of 6 8/15/2012
00
0
m
m
MARLIN ATLANTIS WHITE, LTD,
TRACT 3
CLERK'S FILE NO. D205112195
O.P.R,TC,T.
LEGEND
it PROP. STREET LIGHT (3)
EXHIBIT "E"
STREET LIGHTS
15
TERRACE LANDING
CAB, A PO. 11935
Pr-2T
1
16 I a 19
17 1.11
FREESTONE COURT
TERRACE LANDING - PHASE 2C
FORT WORTH, TEXAS
CONTAINING;
LOTS 11- 25, BLOCK N;
LOTS 14 - 291 BLOCK O
PREPARED BY:
USA PROFESSIONAL
SERVICES GROUP, INC.
Wast
CIVIL ENGINEERS - SURVEYORS
PLANNERS - LANDSCAPE ARCHITECTS
1525 VICEROY DRIVE
DALLAS, TEXAS 75235
214,634.3300 (OFC) 214,634.3338 (FAX)
II I
W
z
20
18
25
24
23
22
21
20
19
18
17
18
16
14
13
12
11
9
10
11
12
13
0
LOTf
D.E. at nek L.
14
15
16
• 17
18
z
a 20
m
21
A 22
19
23
24
25
28
27
28
29
SCALE:
1"=150'
TERRACE LANDING
CAB, A PG, 11935
USAI PROJECT NO.: 2004051,10
DESCRIPTION
D25 with 100 watt bulbs
#10 Gauge Wire (3 wires)
Ty B foundation
2" Scheduale 80 PVC Conduit
....................
QUANTITY::;;
.............................
ESTIMATE OF PROBABLE COST
Job Name. Terrace Landing Phase 2C for CFA
Location: Fort Worth, Texas
Number of Lots: 31
Job No.: 2004051.09
Scheme. Phase 2C
a I Rtt i LIGHTS & SIGNS
UNIT
3 EACH
36 L.F.
3JEACH
36jL.F.
.......................
UNIT PRICE
$2,200.00
$8.00
$800.00
$20.00
TOTAL
TOTAL
$6,600
$288
$2,400
$720
$10,008
USA Professional Services Group, Inc. 6 of 6 8/15/2012