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HomeMy WebLinkAboutContract 48284 CITY SECRETARY �Z�y CONTRACT NO. Developer and Project Information Cover Sheet: Developer Company Name: D.R.Horton—Texas,LTD. Address, State,Zip Code: 6751 North Freeway,Fort Worth,TX 76131 Phone&Email: 817-230-0800,mpallen@drhorton.com Authorized Signatory,Title: Mark Allen,Assistant Secretary Project Name and Brief M-530 Sanitary Sewer Extension to Serve Bonds Ranch Description: Project Location: Plat Case Number: FS-15-056 & Plat Name: Bonds Ranch FP-16-061 Mapsco: 20U Council District: 7 City Project Number: 100444 CFA Number: 2016-067 DOE Number: None To be completed by sta . Received by: S Date: OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 FT.WORTH, TX Page 1 of 11 STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, D.R. Horton — Texas, LTD., ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as M-530 Sanitary Sewer Extension to Serve Bonds Ranch ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the collective Improvements for the Project. 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 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 Improvements. Developer City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 2 of 11 further acknowledges that said acceptance process requires the Developer's contractor(s) to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer 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 describe the Improvements and are incorporated herein: Water (A) '©' Sewer (A-1) F®, Paving (B) Q, Storm Drain (B-1) in, Street Lights & Signs (C)in. E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section 11, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section 11, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements 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 prequalified, insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater 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 from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 3 of 11 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 Certificate of Insurance (ACORD or other state- approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not 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 in order 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, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under 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. City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 4 of 11 I. City shall not be responsible for payment of 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, its 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, its 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 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 5 of 11 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. N. Upon completion of all work associated with the construction of the 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. Developer shall complete the Improvements 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 additional year. 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 Improvements if at City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 6 of 11 the end of two (2) years from the date of this Agreement (and any extension period) the Improvements 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 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 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) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 7 of 11 Cost Summary Sheet Project Name: M-530 Sanitary Sewer Extension to Serve Bonds Ranch CFA No.: 2016-067 CP No.: 100444 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 $ - 2.Sewer Construction $ 808,296.00 Water and Sewer Construction Total $ 808,296.00 B. TPW Construction 1.Street $ - 2.Storm Drain $ - 3.Street Lights Installed by Developer $ - 4. Signals $ - TPW Construction Cost Total $ - Total Construction Cost(excluding the fees): $ 808,296.00 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 16,165.92 D. Water/Sewer Material Testing Fee(2%) $ 16,165.92 Sub-Total for Water Construction Fees $ 32,331.84 E. TPW Inspection Fee(4%) $ - F. TPW Material Testing(2%) $ - G. Street Light Inspsection Cost $ - H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ - Sub-Total for TPW Construction Fees $ - Total Construction Fees: $ 32,331.84 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 808,296.00 x Completion Agreement= 100%/Holds Plat $ 808,296.00 Cash Escrow Water/Sanitary Sewer=125% $ 1,010,370.00 Cash Escrow Paving/Storm Drain=125% $ - Letter of Credit=125%w/2yr.expiration period 1 $ 1,010,370.00 City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER D.R. Horton—Texas,LTD. A Texas Limited Partnership, By: D.R.Horton, Inc., A Delaware Corporation Jesus J. Chapa Its Authorized Agent Assistant City Manager Date: /0 - / Recommended by: Name: Mark Allen Title: Assistant Secretary Date: - 1-fAo/,/ Wendy Chi-Babulal, EM , P.E. ATTEST: (Only if required by Developer) _Development Engineering Manager Water Department Signature Name: Approved as to Form &Legality: $® O ° 1-=O °`J-q O 00 ATTEST: ° °o° °°aee° Richard A. McCracken Assistant City Attorney M&C No. Mary J s Date: ID11LI-W City Secretary F.*, rus : N1r4 City of Fort Worth,Texas OFFICIAL RECORD Standard Community Facilities Agreement CITY SECRETARY CFA Official Release Date: 10.07.2015 FT. WORTH, TX Page 9 of 11 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement Included Attachment (� Attachment 1 -Changes to Standard Community Facilities Agreement ® Location Map Exhibit A: Water Improvments Water Cost Estimate Exhibit A-1: Sewer Improvements Sewer Cost Estimate Exhibit B: Paving Improvements ❑ Paving Cost Estimate ❑ Exhibit B-1: Storm Drain Improvements Storm Drain Cost Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left Blank) City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 10 of 11 1 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 100444 None City of Fort Worth,Texas Standard Community Facilities Agreement CFA Official Release Date: 10.07.2015 Page 11 of 11 BLUE MOUND ROAD W 6Lv� MONO ROAD E fAxlzr� oz 00 z a°� LLo = � GOLDEN TRIANGLE 2 BOULEVARD 287 m W BONDS E BONDS rj RANCH ROAD RANCH ROAD PROJECT LOCATION NEg�pUvPRD af z O z O Q W Q }0 w 0 Q z 0 <Ww LL 0 w NORTH rqR :D ANT ce m PARKWAY v HARMON ROAD v o o o � m N d L X m , E BAILEY BOSWELL ROAD LL • U m : m ' a U : r U f6 • OWNER/ DEVELOPER- ENGINEER: hill P E LOTO N M-530 SANITARY SEWER DR HORTON-TEXAS, LTD I LAND SOLUTIONS TQ NORTH EXTENSION TO SERVE BONDS RANCH 5751 KROGER DRIVE m NOT TO SCALE 6751 NORTH FREEWAY SUITE 185 p FORT WORTH,TX 76131 KELLER,TX 76244 DATE:JULY 2016 PHONE: 817-230-0800 PHONE:817-562-3350 LEGEND �® PROPOSED SEWER LINESCHIN J.CHANG ---(�— FUTURE SEWER LINES INST# D212308972 EXIST'AG'ZONING —v EXIST SEWER LINES NOTE:ALL PROPOSED SANITARY SEWER FV CUR BCH LINES ARE 8" UNLESS OTHERWISE NOTED BONOg F�` EXHIBITA I - WAS TEWATERR CHIN J.CHANG INS#D212308972 — EXIST°AG'ZONING I ICK �� - �•�-� IV IATURAL � IU DESTINY CENTER ADDITION �� o BLOCK 1R AGRICULTURE O LLLLI J�ILL ( HO GHOST• Q) Lj ;FLOWEK 1' - �_____ z 1 ' A END OF ELIGIBLE j ry APPROACH SEWER MAIN � '--- N ' t REVELSTOKE INV CORP N V ' EXIST'AG'ZONING VACANTLAND ( � ) N O Y ;\ REVELSTOKE INV CORP Ix a U ' MATCHLINE ` (SHEET 1 OF 2): OWNER/ DEVELOPER: Hill PELOTON 0 NORTH 300' M-530 SANITARY SEWER DR HORTON-TEXAS LTD I IAND SOLUTIONS o EXTENSION TO SERVE BONDS RANCH 5751 KROGERDRIVE SUITE m 6751 NORTH FREEWAY KELLER,TX7 6244 0 FORT WORTH,TX 76131 :(29GRAPHIC SCALE DATE:JULY 2016 PHONE: 817-230-0800 PHONE:817-562-3350 ----------- TCHLINE REVELS TOKE INV CORP N V EXIST'AG'ZONING VACANTLAND < REVELSTOKE INV CORP o z 0 15" SS Lu CP--\ Q0 WILLIAMSON-DICKIES DISTRIBUTION CENTER BEGINING OF ELIGIBLE APPROACH SEWER MAIN `� i C) U) U) W 0 (MLEGEND PROPOSED SEWER LINES FUTURE SEWER LINES we EXIST SEWER LINES NOTE:ALL PROPOSED SANITARY SEWER LINES ARE 8" UNLESS OTHERWISE NOTED EXHIBIT Al - WASTEWATER (SHEET 2 OF 2): ----------------------------------*'****-*------------------------------------- ................................ ...... OWNER DEVELOPER: 1101 PELOTON LAND SOLUTIONS 0 no I NORTH 0 300M-530 SANITARY SEWER DR HORTON-TEXAS, LTD o EXTENSION TO SERVE BONDS RANCH 5751 KROSUITEE 1R85DRIVE 6751 NORTH FREEWAY KELLER,TX 76244 0 FORT WORTH,TX 76131 PHONE:817-562-3350 GRAPHIC SCALE DATE:JULY,2016 PHONE: 817-230-0800 SECTION 00 4100—PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal must not be removed from this book of Contract Documents. TO: D.R. Horton—Texas,LTD PROPOSAL FOR: SANITARY SEWER IMPROVEMENTS PROJECT NAME: M-530 SANITARY SEWER EXTENSION TO SERVE BONDS RANCH CITY PROJECT NO. 100444 SEWER PROJECT NO.P275-596070700430 Includes the furnishing of all materials, equipment and labor for the installation of water, sanitary sewer, and storm drain improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: M-530 Sanitary Sewer Extension to serve Bonds Ranch Pursuant to the foregoing Notice to Bidders',the undersigned Bidder,having thoroughly examined the Contract Documents, including plans, special contract documents,the Technical Specifications listed in this contract,the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City,which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation&Public Works of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Furnish and install, including all appurtenant work, complete in place,the following items Page I of 4 PART B -PROPOSAL (Cont.) After acceptance of this Proposal,the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required, is to become the property of the Developer. The successful bidder shall be required to perform the work in accord with these contract documents and the technical specifications available in the City of Fort Worth's Buzzsaw site and incorporated herein and made a part hereof for all purposes. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. Page 3 of 4 00 42 43_Proposal-Wilties DAP-61D PROPOSAL Page 1 of 1 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application M-530 Sanitary Sewer Extension to Serve Bonds Ranch Project Item Information Bidder's Proposal Bidlist Item Description Specification Section No. Unit of Bid Unit PriceBid Value No. Measure Quantity UNIT I;SANITARY SEWER IMPROVEMENTS 1 3331.4215 15"Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 3,651 $41.00 $149,691.00 2 3305.3006 16"Sewer Carrier Pipe 33 05 24 LF 521 $84.00 $43,764.00 3 3305.1105 30"Casing By Other Than Open Cut 33 05 22 LF 511 $575.00 $293,825.00 4 3331.4201 10"Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 2,491 $35.00 $87,185.00 5 3331.4115 8"Sewer Pipe 33 11 10,33 31 12,33 31 20 LF 280 $34.00 $9,520.00 6 9999.0001 CSS Encasement for Utility Pipes 33 05 10 CY 10 $125.00 $1,250.00 7 3305.0116 Concrete Encasement for Utility Pipes 33 05 10 CY 84 $175.00 $14,700.00 8 3339.1001 4'Manhole 33 39 10,33 39 20 EA 30 $3,800.00 $114,000.00 9 3339.1002 4'Drop Manhole 33 39 10,33 39 20 EA 1 $10,000.00 $10,000.00 10 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 166 $150.00 $24,900.00 11 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 1 $1,700.00 $1,700.00 12 3339.0001 Epoxy Manhole Liner 33 39 60 VF 16 $250.00 $4,000.00 13 3331.3101 4"Sewer Service 3331 50 EA 32 $836.00 $26,752.00 14 3292.0400 Seeding,Hydromulch 32 92 13 SY 2,548 $3.00 $7,644.00 15 3301.0002 Post-CCTV Inspection 3301 31 LF 6,943 $1.00 $6,943.00 16 9999.0002 Tree Removal 31 1000 LS 1 $5,000.00 $5,000.00 17 9999.0003 Abandoned Gas Line Removal LF 10 5100.00 $1,000.00 18 3305.0109 Trench Safety 1330510 LF 6,422 $1.00 $6,422.00 TOTAL UNIT 1:SANITARY SEWER IMEROVEMENTS1 $808,296.00 Total Construction Bid $808,296.00 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 calendar days after the dale when the CONTRACT commences to run os provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS W530 SanRary Sewer Extension Foran Version Apol 2,2014 City Project No. The Bidder agrees to begin construction within (—IL—) calendar days after issue of the work order,and to complete the contract within WA--;k I ( ID ) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, RKM Utility Services, Inc. Name of Contractor By: (Signaattuure) (Printed Name) Title: " l Company Name: RKM Utility Services,Inc. Address: 1805 Royal Land Suite 107 Dallas TX 75229 Email: Telephone: 972-241-2621 Page 4 of 4